Price    Twenty-Five    Cents. 


THE 


LIFE,  TRIAL  AND  CONVICTION 


OF 


OAPT.  JOHN  BROWN 


BEIKG  A  FULL  ACCOUNT  OF  TUV  A^iTF:\rPTED 

INSURRECTION  AT  HARPER'S  FERRY,  VA. 

NEW  YORK : 
EOBEET    M.    DE    WITT,    PUBLISHER, 

IGO   &    162   NASSAU   STREET. 


W.  H.  TI^50K,  VrL.Ul!^ai  Stcrcotji.ir,  Hr-nr  cf  i'^  t  i5  Ciz.:.e  St.,  N.l'. 


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PEPEATING,  IN    AL.MOST  EV'iSRY   INSTANCE,  THE 

CHESS    CELEBRITIES    OF    EITROPE. 

Edited,  with  copious  and  raJnaWe  Nofea, 

BY  CHARLES  HENRY  STANLEY, 

-Author     of  *"J?}ie     Cli  e  s  s-I*  1  a  y  e  r' s     1  n  » t  r^a  et  or." 

This  valuable  acquisition  to  Che^^K  Literature  contains  a  SPLENDID  PORTEAIT  OF  PAUL  MORPHY 
the  Chess  Champion  of  the  World,  engraved  on  Steel,  in  the  h'ghest  style  at  matftm  art,  by  .7.  C.  Ui-tthk, 
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wlthafac-simileof  WR.  MORPHY'S    AUTOGRAPH. 


Eleiiieiils  of  Draughts; 

Or,  BE&INNER'S   SURE   GUIDE: 

Contaimng  a  thorougli  and  minuts  Exposition  of 

EVERY    PRINCIPLE,    SEPARATELY     EXPLAINED; 

700ETHES   WITH 

MODEL   GAMES   ILLUSTRATIVE   OF   ALL   THE  OPENINGS. 
Illustrated  with  Diagrams  exkibili.net  critical  positimia  to  be  wont  or  dravm  by  seicnti/ec  play. 

BY  I.  D.  J,  SWEET, 

ITKAtTGIIT    EDITOR    OF    '^TIIE    JtKTT    TCKK    CMFTKR." 

Chcss-Pla jcr 's  Iitstr ucior ; 

OR,   GUIDE  TO   BEGINNERSi 

CONTAINING   ALL  THE  INPOKMATION   NECESSARY  70 

ACQUIRE   A   KNOWLEDGE    OF   THE   GAME: 

With  Ifiagrams  Illustrative  of  the    Various  Movcinents  of  the  Pieces. 

BY  CHARLES  HENRY  STANLEY, 

CHESS   EDITOR  OF   "  HABPER'S  TTEEKLY." 


The  aboTe  Books  are  splendidly  got  up,  and  borand  in  flexible  muslin — their  price  places 
them  within  the  reach  of  all. 

It^*  Copies  mailed,  postage  paid,  on  receipt  of  price.  .„^1 
ROBERT    M.  DE  WITT,  PUBLISHER, 

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W.  H.  TiKaoN,  Priutor  and  Ster-otyper,  4i  &  45  Caatn  SU  M.Y. 


ft  r  me 


LIFE,  TRIAL  AND  CONVICTION 


J_ 


KNOWN    AS 


'OLD  BROWN    OF    OSSAWATOMIE," 

WITH  A  FULL  ACCOUNT  OF  THE  ATTEMPTED 

mSUEKECTIOW  AT  HARPER'S  FERRY. 

COMPILED  FROM  OFFICIAL  AND  AUTHENTIC  SOURCES.      ' 


NEW   YORK 


ROBERT    M.    DE    WITT,    PUBLISHER 

160   &   162    NASSAU    STREET.  ' 


Fntsred  according  to  Act  of  Congress,  in  the  year  1S59,  by 

ROBERT    M.    DE    WITT, 

In  the  Clerk's  Office  of  the  United  States  District  Court  for  the  Southern  District  of  New  York. 


W.  H.  Ti.vsoN,  Stereotjiwr.  Geo.  Russell  &  Co.,  I'liuieri 


fe 


THE 


LIFE,  TPJAL  AND  CONVICTIOI^ 


OF 


CAPTAIN   JOHN   BROWN. 


The  extraordinary  outbreak  at  Harper's  Ferry,  in  Virginia,  on  the  night  of  the 
16th  of  October,  1859,  the  forcible  seizure  of  the  national  Arsenal,  the  capture, 
imprisonment  and  killing  of  the  people,  and  the  almost  immediate  suppression  and 
exterminatiofi  of  the  insurgents,  are  events  of  historical  importance.  The  madness 
of  the  attempt,  the  boldness — amounting  to  heroism — of  the  handful  of  men  who 
'were  concerned  in  the  movement,  and  especially  the  romantic  history  and  personal 
character  of  the  chief  actor,  have  awakened  in  the  public  mind  an  ardent  desire  to 
know  more  of  the  man  and  his  intentions.  To  gratify  this  desire,  as  well  as  to 
record,  in  convenient  form,  the  facts  concerning  the  outbreak  and  its  suppression, 
with  the  trial  of  the  leader,  John  Brown,  we  have  compiled  the  following  pages, 
aiming  only  to  state  the  truth  in  all  respects,  according  to  the  best  sources  of 
information. 


CAPT.   JOHN  BROWN. 

John  Brown — variously  known  as  "  Old  Brown,"  "  Fighting  Brown,"  and  "  Ossa- 
watomie  Brown". — made  his  first  public  appearance  in  Lykins  County,  Kansas,  in  the 
year  1855.  So  strange  a  career  as  his  has  not  arrested  the  public  attention  since  Joe 
Smith  was  shot  in  the  Carthage  jail.  His  rank  among  the  world's  notabilities  will 
be  among  such  fanatics  as  Peter  the  Hermit,  who  believed  himself  commissioned  of 
God  to  redeem  the  Holy  Sepulchre  from  the  hands  of  the  infidels — Joanna  South- 
cote,  who  deemed  herself  big  with  the  promised  Shiloh — Ignatius  Loyola,  who 
thought  that  the  Son  of  Man  appeared  to  him,  bearing  his  cross  on  his  shoulders, 
and  gave  him  a  Latin  commission  of  mighty  import — or  Don  Quixote,  who  was 

T 


8  THE  HARPER'S  FERRY  INSURRECTION. 

porsuadcd  that  he  had  a  mission  to  rescue  all  the  persecuted  damsels  in  Spain.  It 
was  Brown's  idea  that  he  was  divinely  appointed  to  bring  American  Slavery  to  a 
sudden  and  violent  end. 


HIS  PERSONAL  APPEARANCE 

John  Brown  would  not  strike  one  who  saw  him  as  being  a  very  tall  man.  He 
stooped  somewhat  as  he  walked  ;  was  rather  narrow-shouldered.  Went  looking  on 
the  ground  almost  all  the  time,  with  his  head  bent  forward  apparently  in  study  or 
thought.  Walked  rather  rapidly,  and  very  energetically.  His  features  were  very 
sharp,  nose  prominent,  eyes  were  black  or  very  dark  grey.  His  hair  was  quite 
light,  and  he  wore  it  rather  long  about  the  time  of  the  skirmish  at  Lawrence.  He 
wore  a  coarse,  homespun  kind  of  clothing,  and  was  usually  very  unpresuming  in  his 
appearance  and  dress.  He  seemed  to  be  rather  taciturn  in  his  habits,  and  was  a 
sort  of  meteoric  character,  appearing  very  unexpectedly  now  at  one  place,  and  then 
at  another,  so  that  it  could  never  be  known  where  he  was  to  be  found.  His  ap- 
pearances and  disappearances  were  always  sudden,  and  in  a  decided  manner.  He 
seemed  to  be  ever  on  the  alert.  When  he  spoke,  it  was  generally  in  short  and  pre- 
cise sentences,  energetically  exiDressed,  and  to  the  point.  When  walking,  he  would 
not  look  to  the  right  or  left  (unless  in  danger),  but  seemed  to  be  deeply  engaged 
upon  something  in  his  own  mind. 

From  another  gentleman,  who  knew  him  well,  we  have  the  follqwing  personal 
portrait  : 

In  stature,  Mr.  Brown  was  nearly  six  feet  high.  He  was  slim,  wiry,  dark  in 
complexion,  sharp  in  feature,  but  with  remarkable  firmness  expressed  in  his  face. 
His  eye  was  sharp,  penetrating,  and  steady.  Few  men  could  look  him  steadily  in 
the  eye  more  than  a  breath.  His  hair  was  dark,  and,  two  years  since,  was  deeply 
sprinkled  with  grey.  His  brow  was  prominent,  the  centre  of  the  forehead  flat,  the 
upper  part  of  the  forehead  retreating,  which  gave,  in  conjunction  with  his  slightly 
Roman  nose,  an  interesting  and  reckless  appearance.  At  the  crown  of  his  head,  he 
was  remarkably  high,  in  the  regions  of  the  phrenological  organs  of  firmness,  con- 
scientiousness, and  self-esteem,  indicating  a  stern  will,  unswerving  integrity,  and 
remarkable  self-possession.  The  whole  family  of  Browns,  the  brothers  of  the  man 
of  Harper's  Ferry,  are  of  similar  build  and  general  characteristics.  Whoever 
can  get  the  promise  of  a  Brown  of  that  breed,  considers  himself  secure. 


JOHN  BROWN'S  BUSINESS   ENGAGEMENTS. 

There  are  various  statements  as  to  the  place  of  John  Brown's  nativity.  It  has 
been  asserted  that  he  was  born  at  Torrington,  Litchfield  County,  Connecticut ;  but 
in  one  of  his  answers  to  parties  in  Virginia,  he  stated  that  he  was  born  iu  the  State 
of  New  York. 


THE  HARPER'S  FERRY  INSURRECTION.  9 

Previous  to  1837,  he  was  considered  one  of  the  most  enterprising  business  men 
in  Northern  Ohio,  and  built  warehouses,  and  engaged  in  business  on  tlie  Canal  and 
Cuyahoga  River  at  Franklin  Mills,  six  miles  west  of  Ravenna,  in  Porlage  County. 
The  crash  of  183*1  made  him  a  bankrupt.  The  great  warehouses  were  standing 
there  empty  in  1850,  while  his  sou  stood  with  our  informant  on  the  bank  of  the 
river,  and  gave  this  sad  fragment  of  the  history  of  his  father's  fortune. 

In  1848,  we  find  him  in  a  large  woollen  warehouse  in  Springfield,  Massachusetts, 
where  he  was  known  as  a  quiet,  modest  man,  of  unswerving  integrity.  Indeed, 
hundreds  of  wool-growers  in  Northern  Ohio  consigned  their  stock  to  him  to  be  sold 
at  discretion.  A  combination  of  eastern  manufacturers,  who  wished  to  have  no 
such  stern  and  unflinching  man  between  themselves  and  the  wool-growers,  formed 
in  league  against  him,  and  forced  him  to  send  his  wool  to  Europe  for  a  market, 
which  resulted  in  a  second  disaster,  and  Brown  was  again  reduced  to  poverty. 


JOHN   BROWN   AS   A  FARMER. 

Immediately  after  this  failure,  he  made  his  appearance  as  a  farmer  or  cattle 
breeder  in  North  Elba,  one  of  the  interior  and  most  secluded  towns  of  Essex 
County,  and  verging  upon  the  vast  wilderness  of  northern  New  York.  The 
humble  farm  of  Brown  is  situated  on  an  elevated  and  broad  plateau,  embosomed  in 
the  giant  arms  of  the  Adirondacs,  No  district  of  the  State  is  more  impressive  by 
the  grandeur  of  its  physical  features,  or  its  exquisite  natural  beauties.  The  town 
is  separated  from  the  outer  world  by  a  barrier  of  dark  and  lofty  mountains. 
Althougli  embracing  a  territory  equal  to  that  of  some  counties,  its  population  does 
not  exceed  four  hundred  souls. 

North  Elba  was  the  scene  of  Gerrit  Smith's  abortive  attempts  at  negro  coloniza- 
tion. The  scheme  may  have  been  suggested  by  sincere  philanthropy,  but  its  issue 
was  an  utter  failure,  entailing  upon  the  author  disappointment,  and  sorrow  and 
suffering  on  the  recipients  of  his  bounty.  Scarcely  a  vestige  now  remains  of  this 
colony,  although  at  one  time  so  numerous  that  it  seemed  probable  the  anomalous 
political  aspect  would  be  exhibited  of  a  town  in  New  York  controlled  by  neo-ro 
suffrages,  and  represented  in  the  County  Board  by  a  colored  supervisors.  Only  two 
or  three  of  the  colonists  remain.  They  have  either  abandoned  their  farms,  or  the 
lands  have  been  sold  for  taxes.  Nothing  remains  of  this  vaunted  city  of  refuge. 
Brown  made  his  appearance  in  North  Elba,  near  the  advent  of  this  negro  emi- 
gration. 

At  the  Agricultural  Fair  of  Essex  County,  for  1850,  a  great  sensation  was 
created  by  the  unlooked-for  appearance  on  the  grounds  of  a  beautiful  herd  of 
Devon  cattle.  They  were  the  first  that  had  been  exhibited  at  the  county  festival, 
and  every  one  was  surprised  and  delighted  by  the  incident.  The  inquiry  was  uni- 
versal, whose  are  these  cattle,  and  from  whence  do  they  come  ?  The  surprise  and 
excitement  was  not  diminished,  when  it  was  understood  that  a  certain  John  Brown 


10  THE  HARPER'S  FERRY  IITSURRECTION. 

was  the  owner,  and  that  he  resided  in  the  town  of  North  Elba.  The  Report  of 
the  Society  for  that  year  contains  the  following  reference  to  this  event  :  "  The 
appearance  upon  the  grounds  of  a  number  of  very  choice  and  beautiful  Devons, 
from  the  l>erd  of  Mr.  John  Brown,  residing  in  one  of  our  most  remote  and  secluded 
towns,  attracted  great  attention,  and  added  much  to  the  interest  of  the  Fair.  The 
interest  and  admiration  they  excited  have  attracted  public  attention  to  the  subject, 
and  lias  already  resulted  in  the  introduction  of  several  choice  animals  into  this 
region.  We  have  no  doubt  but  that  this  influence  upon  the  character  of  the  stock 
of  our  county  will  be  permanent  and  decisive." 

A  gentleman  who  soon  after  opened  a  correspondence  with  Brown  in  relation  to 
these  cattle,  states  that  his  reply  is  written  in  a  strong  and  vigorous  hand, — and 
by  its  orthography,  accurate  punctuation,  and  careful  arrangement  of  paragraphs, 
evinces  far  more  than  ordinary  taste  and  scholarship.  It  is  remarkable,  not  only 
for  the  force  and  precision  of  the  language,  for  a  business  letter,  and  for  the  dis- 
tinctness of  its  statement,  but  equally  for  its  sound  sense  and  honesty  of  represen- 
tation. An  extract  will  interest  our  readers,  as  illustrating  the  former  habits  and 
pursuits  of  a  man  who  has  impressed  an  ill-omened  episode  upon  our  national  history. 

"  Your  favor  of  the  30th  of  September  came  on  seasonably  ;  but  it  was  during 
my  absence  in  Ohio,  so  that  I  could  not  reply  sooner.  In  the  first  place,  none  of 
my  cattle  are  pure  Devons ;  but  are  a  mixture  of  that,  and  a  particular  favorite 
stock  from  Connecticut,  a  cross  of  which  I  much  prefer  to  any  pure  English  cattle, 

after  many  years'  experience  of  different  breeds  of  imported  stock 

I  was  several  months  in  England  last  season,  and  saw  no  one  stock  on  any  farm 
that  would  average  better  than  ray  own,  and  would  like  to  have  you  see  them  all 
together." 

Such  were  the  habits  and  tastes  of  the  man,  while  engaged  in  the  pursuits  of 
husbandry.  What  a  contrast  is  presented,  by  the  intelligence  and  zeal  here  dis- 
played in  a  worthy  and  useful  occupation,  which  was  leading  him  along  the  .pleasant 
paths  of  peace,  contentment,  and  prosperity,  to  the  career  of  violence  to  which  he 
has  since  been  impelled,  less  perhaps  by  his  own  insane  fanaticism,  than  by  stimu- 
lations applied  by  others  to  his  ardent  and  fearless  temperament.  The  natural 
impulses  of  Brown,  those  who  knew  him  will  afiSrm,  were  honorable  and  just,  and 
his  education  and  abilities  of  a  superior  order  ;  but  his  mind  has  been  distorted 
and  his  passions  inflamed  by  a  mad  delusion. 

Brown  was  at  North  Elba  during  a  large  part  of  the  last  summer,  engaged  every- 
where disseminating  his  opinions.  The  small  remnant  of  his  family  which  has 
escaped  his  fatal  schemes,  still  remains  on  the  farm  at  that  place,  clustering  around 
the  hearth  that  has  become  so  fearfully  bereaved  and  desolated. 


JOHN  BROWN   IN  KANSAS. 

It  was  in  this  new  territory  that  John  Brown  first  appeared  as  a  military  man, 
although  we  have  seen  a  statement  that  he  was  iu  the  service  at  Plattsburgh  or 


THE  HARPER'S  FERRY  INSURRECTION.  11 

Ogdensburgh  during  the  war  of  1812.  Brown  appeared  ia  Kansas  in  1855,  and 
settled  in  the  Osage  country.  He  was  a  decided  Anti-Slavery  man — a  religious 
enthusiast,  a  rigid  Presbyterian — correct  and  conscientious  in  all  his  relations  and 
conduct,  and  modest  and  unassuming  in  his  manners.  At  the  same  time  he  was  a 
man  of  iron  will,  of  untiring  energy  and  of  unbounded  nerve.  All  who  know  him 
are  impressed  with  the  belief  that  he  never  knew  fear,  and  that  no  man  ever  lived 
who  excelled  him  in  cool  and  daring  intrepidity.  In  all  his  affrays  in  Kansas  he 
embarked  in  the  most  dangerous  and  apparently  desperate  enterprises,  and  encoun- 
tered  the  greatest  odds  with  a  cool  self-possession  and  an  unbounded  confidence 
in  his  own  success.  He  was  made  the  object  of  the  most  active  persecutions  of 
the  Missourians,  and  all  the  bitterness  and  stern  determination  of  his  nature  were 
stirred  up  from  their  very  depths  in  retaliation.  One  of  his  sons  (Frederick)  was 
met  alone  on  the  road  by  a  large  party  of  invading  Missourians,  and  cruelly, 
brutally  murdered  without  a  cause.  Another  son  (John)  was,  for  no  cause  but  his 
political  opinions,  loaded  with  chains  and  driven  on  foot  before  the  horses  of  his 
captors  from  Ossawatomie  to  Tecumseh,  under  such  circumstances  of  cruelty  as  to 
destroy  his  reason.  His  own  house  and  the  house  of  his  son  were  both  fired  and 
destroyed.  The  women  of  the  family  were  grossly  insulted,  and  a  Committee,  ap- 
pointed at  a  public  meeting,  notified  Brown  and  other  Free-State  men  on  Potawat- 
omie  Creek,  that  if  they  did  not  leave  the  Territory  in  three  days  they  would  be 
hung.  His  friends  and  neighbors  were  murdered  around  him  ;  he  was  forced  into 
a  war  of  self-defence,  and  finally  a  price  was  publicly  set  on  his  head.  The  effect 
of  these  things,  in  connection  with  all  the  other  outrage,  oppression  and  murder 
perpetrated  around  him,  upon  a  man  of  Brown's  temperament, 'may  be  conceived. 
He  became  a  fighting  man,  and  developed  qualities  that  excited  the  admiration  and 
surprise  of  his  friends,  and  made  him  the  terror  of  his  enemies.  Though  remorse- 
less and  relentless  as  death  itself,  he  did  everything  under  a  sense  of  duty  and  high 
religious  excitement.  The  more  fervent  his  prayers,  the  harder  fell  his  blows,  and 
the  more  signal  and  bloody  his  victories,  the  more  heartily  did  he  return  thanks  to 
the  Lord  after  the  fight  was  over. 

A  Committee  of  five  called  on  him  on  one  occasion,  and  informed  him  that  he 
must  leave  the  Territory  in  three  days  or  die — that  they  would  come  to  his  house 
with  a  sufficient  force  at  the  end  of  that  time,  and  if  they  found  him  still  there, 
they  would  hang  him.  The  old  man  thanked  them  for-  the  notice,  saying,  very 
coolly,  "  Ybtt  will  not  find  me  here  then,  gentlemen."  Before  the  next  sun  rose,  the 
five  members  of  that  Committee  were  in  the  other  world.  Whether  Brown  killed 
them  or  not,  is  unknown,  but  it  is  certain,  had  they  lived,  that  they  would  have 
killed  him,  and  no  man  knew  that  better  than  he.  On  one  occasion  the  well-known 
Henry  Clay  Pate  started  out  from  Westport,  Missouri,  with  a  party  of  thirty-three 
men,  full  of  boastings  and  promises  to  catch  "  Old  Brown,"  and  take  him  a  prisoner 
to  Missouri,  his  only  fear  being  that  he  would  not  be  able  to  find  him.  Brown  was 
very  easily  found,  however,  for  with  sixteen  men  he  went  out  to  meet  Pate,  and 
after  a  short  fight,  and  a  few  men  killed  and  wounded,  at  Black-Jack,  near  the 
Santa  Fd  road  Pate  and  his  party  surrendered  to  "  Old   Brown,"  with  the  excep" 


12  THE  HARPER'S  FERRY  INSURRECTION. 

tioa  of  a  AYyandot  Indiau  of  the  name  of  Long,  and  the  notorious  Coleman,  who 
had  murdered  Dow.     These  two  men,  being  well  mounted,  made  their  escape. 

Upon  another  occasion,  a  body  of  some  220  men  were  raised  and  equipped  in 
Jackson  County,  Missouri,  and  started  into  Kansas  under  the  command  of  General 
Whitfield,  to  attack  and  capture  "  Old  Brown,"  as  every  one  called  him.  Brown, 
who  was  always  vigilant  and  wary,  and  was  possessed  of  secret  means  of  intelli- 
gence, had  made  full  preparation  to  meet  the  Missourians,  and  was  encamped  with 
160  men  at  a  chosen  point  near  the  Santa  Fe  road,  which  he  knew  his  enemies 
would  pass.  He  had  fifty  men  with  Sharpe's  rifle's  which  would  kill  at  half  a  mile, 
and  which  could  be  loaded  at  the  breech  and  fired  with  great  rapidity,  whom  he 
had  concealed  in  a  ravine,  lying  on  the  ground,  and  commanding  the  prairie  for  a 
mile  before  them.  The  residue  of  the  party  he  had  concealed  iu  the  timber,  ready, 
at  the  proper  moment,  for  an  attack  on  the  flank  of  those  who  might  reach  the 
ravine  alive.  Colonel  Sumner,  with  a  squad  of  dragoons,  came  down  from  Fort 
Leavenworth  and  prevented  the  fight,  disbanding  both  parties,  after  which  the 
Colonel  was  heard  to  remark,  that  his  interposition  was  a  fortunate  event  for  the 
Missourians,  as  the  arrangements  and  preparations  made  by  Brown  would  have 
insured  their  destruction. 

It  will  be  recollected  that  in  1856,  when  Geary  came  into  the  Territory,  Atchi- 
son and  Reid  were  therfe  with  an  invading  army,  variously  estimated  at  from  2,000 
to  2,100  men,  bent  on  the  destruction  of  several  towns  and  the  extermination  of 
the  Free  State  men,  and  that  Geary,  with  great  difficulty,  negotiated  and  persuaded 
them  to  retire,  and  that  his  success  was  a  matter  of  rejoicing  over  all  the  North, 
as  there  was  a  Free  State  force  assembled  of  not  over  500  to  resist  them,  who 
were  but  poorly  prepared  for  the  fray.  Not  so  John  Brown,  who  was  greatly 
vexed  at  the  result,  and  who  insisted  that  his  friends  had  lost  a  happy  chance  of 
putting  an  end  to  the  war,  and  covering  themselves  and  their  cause  with  glory. 
The  odds  of  five  to  one  he  counted  as  nothing.  "  What  are  five  to  one,"  said  he, 
"  when  our  men  would  be  fighting  for  their  wives,  their  children,  their  homes,  and 
their  liberties,  against  a  party,  one-half  of  whom  were  mercenary  vagabonds  who 
enlisted  for  a  mere  frolic,  lured  on  by  the  whisky  and  the  bacon,  and  a  large  portion 
of  the  others  had  gone  under  the  compulsion  of  public  opinion  and  proscription, 
and  because  they  feared  being  denounced  as  abolitionists  if  they  refused  ?"  His 
taste  iu  this  matter  was  very  near  being  gratified.  A  vanguard  of  300  men  rode 
up  from  Franklin  and  made  a  bravado  demonstration  on  Lawrence,  in  order,  as 
they  supposed,  to  alarm  the  Free  State  men,  and  ascertain  how  far  they  could  go. 
Brown  eagerly  hurried  out  with  100  men  to  give  them  fight  on  the  open  prairie, 
but  the  enemy  retired,  and  declined  the  contest,  to  Brown's  great  disappointment 
and  disgust. 

His  conduct  at  the  sack  of  Ossawatpmie  is  well  known.  John  Eeid,  a  prominent 
lawyer  of  Jackson  County,  and  a  member  of  the  Missouri  Legislature,  marched 
upon  that  town  with  300  men  and  two  pieces  of  artillery.  The  inhabitants  were 
taken  by  surprise,  and  Brown  had  barely  time  to  get  into  the  timber,  which  lines 
the  Osage  River,  with  thirty  men,  and  a  limited  supply  of  ammunition,  when  the 


Jolin  Bion-u,  from  a  Photograph  by  Martin  M,  Lawrence,; 381  Broftdway,  N.  Y^ 


THE  HARPEE'S  FERRY  INSURRECTION".  13 

whole  force  of  their  assailants  marched  upon  the  prairie  before  them.  With  his 
usual  indomitable  courage  and  unhesitating  confidence  in  himself,  he  gave  no  thought 
to  the  odds  of  ten  to  one,  or  to  making  his  escape  from  the  danger,  nor  did  he  wait 
for  the  enemy  to  commence  the  fight,  but  carefully  disposing  his.  men^  he  opened  a 
rapid  and  constant  fire,  which  was  returned,  of  course,  but  the  Missouriaus,  not 
knowing  his  numbers,  and  fearing  an  ambuscade,  would  not  venture  into  the  woods, 
and  their  artillery  did  little  harm  to  men  lying  on  the  ground  and  loading  their 
rifles  at  the  breech.  The, result  was,  that  sixty  or  seventy  of  the  Missouriaus  were 
killed  or  wounded  ;  two  of  Brown's  men  were  killed,  and  the  others  he  carried  off 
in  safety  through  the  timber,  up  the  river  and  across  the  ford. 

Shortly  after  the  Marais  des  Cygnes  massacre.  Brown  conceived  the  idea  of  car- 
rying the  war  into  Africa,  and  teaching  the  fighters  on  the  other  side  of  the  bor- 
der that  a  continuance  of  the  war  would  imperil  the  safety  of  all  the  slaves  in 
Western  Missouri.  While  reflecting  on  this  plan,  a  negro  came  across  the  line  in 
the  night,  imploring  assistance  for  his  family  and  fellows,  who  were  about  to  be 
separated  and  sold  to  the  cotton  and  rice  planters  at  the  South.  The  first  persons 
he  met  were  Brown  and  half  a  dozen  of  his  neighbors,  who  were  discussing  the  en- 
terprise thus  singularly  thrown  in  their  way.  Summoning  a  dozen  or  more  assist- 
ants, they  moved  immediately  to  the  border,  and  dividing  into  two  parties,  they 
made  a  night  of  it,  with  the  deliberate  purpose  of  taking  all  the  slaves  they  could 
find  who  had  an  inclination  to  be  free,  and  making  prisoners  of  all  who  should  in- 
terfere with  their  design.  The  result  of  the  excursion  was  the  liberation  of  thirteen 
negroes,  the  capture  of  several  white  men,  and  the  killing  of  one  person  who  was 
making  a  vigorous  resistance.  The  homicide  was  not  committed  by  the  division  of 
the  party  to  which  Brown  belonged,  but  the  responsibility  of  it  attaches  to  him  in 
a  degree  as  the  moving  actor  of  the  whole  proceeding.  Both  parties  then  returned 
to  the  border  with  the  proceeds  of  their  foraging.  The  captured  Missouriaus  were 
then  set  at  liberty,  and  told  to  go  home  and  raise  a  rescuing  force — Brown  and 
company  would  give  them  ample  time  and  await  their  return,  when  they  would  set- 
tle the  questions  at  issue  by  open  battle.  A  very  loud  ,  noise  was  made  in  half  a 
dozen  counties  in  Missouri,  but  no  volunteers  were  found  for  the  proposed  action. 
After  waiting  three  weeks.  Brown  dismissed  all  but  a  handful  of  his  company,  and 
took  his  line  of  march  through  Kansas,  Nebraska,  Iowa,  Illinois  and  Michigan  to 
Canada.  While  pursuing  his  journey  through  the  northern  part  of  Kansas,  he  was 
menaced  with  an  attack  from  a  party  of  Missouriaus,  of  about  three  times  his  own 
number.  After  retreating  from  them  a  day  or  two,  he  came  to  a  halt,  took  four 
of  them  prisoners,  and  put  the  rest  to  flight.  The  prisoners  were  lectured  soundly 
on  the  evil  of  their  ways,  and  then  dismissed,  minus  their  arms  and  horses.  No 
other  interruption  was  met  with  on  the  way  to  Canada. 

Snch  are  a  few  of  the  incidents  in  the  life  of  this  remarkable  man,  which  serve  to 
throw  some  light,  not  only  on  his  character,  but  also  on  the  mad  attempt  in  which 
he  was  recently  engaged.  He  has  elements  of  character  which,  under  circum- 
stances favorable  to  their  proper  development  and  right  direction,  would  have  made 
him  one  of  the  great  men  of  the  world.     Napoleon  himself  had  no  more  blind  and 


14  THE  HARPEE'S  FEREY  INSUEREOTIOK 

trusting  confidence  in  his  own  destiny  and  resources  ;  his  iron  will  and  unbending 
purpose  were  equal  to  that  of  any  man  living  or  dead  ;  his  religious  enthusiasm  and 
sense  of  duty  (exaggerated  and  false  though  it  was)  was  yet  earnest  and  sincere, 
and  not  excelled  by  that  of  Oliver  Cromwell  or  any  of  his  followers  ;  while  no 
danger  could  for  a  moment  alarm  or  disturb  him.  Though,  doubtless,  his  whole 
nature  was  subject  to,  and  almost  constantly,  for  the  last  three  or  four  years,  per- 
vaded by  the  deepest  excitement,  his  exterior  was  always  calm  and  cool.  His  man- 
ner, though  conveying  the  idea  of  a  stern  and  self-sustaining  man,  was  yet  gentle 
and  courteous,  and  marked  by  frequent  and  decided  manifestations  of  kindness  ;  and 
it  is  by  his  friends  said  of  him,  that,  amid  all  his  provocations,  he  never  perpetrated 
an  act  of  wanton  or  unnecessary  cruelty.  He  was  scrupulously  honest,  moral,  and 
temperate,  and  never  gave  utterance  to  a  boast.  Upon  one  occasion,  when  one  of 
the  ex-governors  of  Kansas  said  to  him  that  he  was  a  marked  man,  and  that  the 
Missourians  were  determined,  sooner  or  later,  to  take  his  scalp,  the  old  man 
straightened  himself  up  with  a  glance  of  enthusiasm  and  defiance  in  his  grey  eye. 
"  Sir,"  said  he,  "  the  angel  of  the  Lord  will  camp  roiuud  about  me."  His  is  a  fierce 
and  relentless  nature.  The  iron  of  personal  wrong,  in  the  form  of  persecution, 
oppression  and  murder,  had  been  driven  into  his  soul,  and  maddened  him  into  the 
one  idea  of  life-long,  undying  war  on  an  institution  which  he  believed  to  be  accursed 
of  God  and  man. 


FACTS  AND  RUMORS  CONCERNING-  JOHN  BROWN. 

The  career  of  Brown  in  Kansas  was  more  exciting  and  romantic  than  the  fabu- 
lous history  of  many  a  famous  hero  of  romance.  That  young  and  growing  Terri- 
tory is  rife  with  stories  of  his  adventures,  and  the  whole  country  has,  read  with 
emotions  of  surprise  of  the  deeds  in  which  he  has  been  a  prominent  actor.  From 
gentlemen  who  were  with  him  in  his  forays,  and  conversant  with  all  his  movements, 
We  gather  many  interesting  particulars,  which  we  add  here  as  they  have  been 
related. 

JOHN  BROWN'S  MORAL  CHARACTER. 

Wherever  he  lived,  he  soon  acquired  the  reputation  of  a  man  of  the  sternest  in- 
tegrity of  character.  In  Kansas  he  was  the  great  living  test  of  principle  in  our 
poUticians.  The  more  corrupt  the  man,  the  more  he  denounced  Old  Brown,  It 
was  a  true  compliment  to  be  praised  or  to  be  recognized  by  him  as  a  friend  ;  for, 
even  in  his  social  dealings,  he  would  have  no  connection  with  any  man  of  unprinci- 
pled or  unworthy  character.  In  his  camp  he  permitted  no  profanity  ;  no  man  of 
loose  morals  was  suffered  to  stay  there — unless,  indeed,  as  prisoner  of  war.  "  I 
would  rather  have  the  small-pox,  yellow  fever  and  cholera  all  together  in  my  camp, 
than  a  man  without  principle."  This  he  said  to  the  present  writer,  when  speaking 
of  some  ruffianly  recruits  whom  a  well  known  leader  had  recently  introduced.  "  It's 


TJE  HARPER'S  FERRY  mSURRECTIOlSr.  15 

a  mistake,  sir,"  he  continued,  "  that  our  people  make,  when  they  think  that  buIHes 
are  the  best  fighters,  or  that  they  are  the  fit  men  to  oppose  these  demagogues. 
Give  me  men  of  good  principles — God-fearing  men — men  who  respect  themselves, 
and,  with,  a  dozen  of  them,  I  will  oppose  any  hundred  such  men  as  these  Buford 
ruffians."  His  whole  character  is  portrayed  in  these  words.  He  was  a  Puritan  in 
the  Cromwellian  sense  of  the  word.  He  trusted  in  God  and  kept  his  powder  dry. 
Prayers  were  offered  up,  in  his  camp,  every  morning  and  evening  ;  no  food  was 
eaten,  unless  grace  was  first  asked  on  it. 


JOHN   BROWN'S   POLITICS. 

First,  as  to  John  Brown's  political  opinions.  It  is  asserted  that  he  was  a  mem- 
ber of  the  Republican  party  ;  but  he  despised  the  Republican  party.  He  was  op- 
posed to  the  extension  of  slavery  ;  and  in  favor,  also,  of  organized  political  action 
against  it.  But  when  the  Republicans  cried,  Halt  I  John  Brown  said,  Forward, 
march!  He  was  an  aboUtionist  of  the  ultra  school.  He  had  as  little  sympathy 
with  Garrison  as  Seward.  He  believed  in  human  brotherhood  and  in  the  God  of 
Battles  ;  he  admired  Nat  Turner  as  well  as  George  Washington.  He  could  not 
see  that  it  was  heroic  to  fight  against  a  tax  on  tea,  and  endure  seven  years  of  war- 
fare for  a  ^political  right,  and  a  crime  to  fight  in  favor  of  restoring  what  he  consid- 
ered an  outraged  race  to  every  birthright  with  which  their  Maker  had  endowed 
them.  The  recent  outbreak  was  premature.  The  coming  triumph  of  the  Republi- 
can party  was  the  most  powerful  reason  for  the  precipitate  movement.  The  old 
man  distrusted  the  Republican  leaders  ;  he  said  that  their  success  would  be  a  back- 
ward movement  to  the  anti-slavery  enterprise.  His  reason  was,  that  the  masses  of 
the  peo  pie  had  confidence  in  these  leaders  ;  and  would  believe  that  by  their  action 
they  would  ultimately  and  peaceably  abolish  slavery.  That  the  people  would  be 
deceived,  that  the  Republicans  would  become  as  conservative  of  slavery  as  the  De- 
mocrats themselves,,  he  sincerely  believed.  Apathy  to  the  welfare  of  the  slave  would 
follow  ;  hence,  he  argued,  it  was  necessary  to  strike  a  blow  at  once. 


AN  INTRODUCTION  TO  JOHN  BROWN. 

I  had  heard  of  old  Brown  from  time  to  time,  but  had  never  met  him  nor  any  of 
his  family,  until,  after  the  sacking  of  Lawrence  and  the  destruction  of  the  Hotel  and 
printing-offices,  I  made  my  first  visit  to  the  country  south  of  the  Wakarusa.  I 
went  down  on  horseback  ;  but,  being  obliged  to  stop  over  night  at  a  house  near 
Palmyra,  I  found,  when  the  morning  broke,  that  my  horse  had  been  stolen.  I 
walked  over  to  Prairie  City — a  municipality  consisting  of  two  log  huts  and  a  well 
— and  stayed  there  until  the  afternoon,  when  a  company  of  United  States  troops 
approached,  rode  up  in  double-file  to  the  door,  and  made  me  a  prisoner  of  war  I 

I  asked  what  my  offence  was. 


16  THE  HAEPEE'S  FEEEY  INSUEEEOTIOI  . 

"  You  were  seen  near  our  camp  lust  night  ;  shortly  after  you  left,  we  missed  two 
of  our  best  horses." 

I  angered  the  captain  by  laughing  heartily  at  this  joke,  and  explained  the  reason 
I  had  to  sympathize  with  him.  I  went  with  him  to  his  camp — where  the  horses 
were  found  !  They  had  wandered  away,  and  were  tracked  by  a  squatter,  who  at 
once  returned  with  them. 

To  be  thus  arrested  on  suspicion  of  being  a  horse  thief,  was  too  good  an  oppor- 
tunity to  be  thrown  away.  I  wrote  a  description  of  the  adventure,  entitled 
"  Confessious  of  a  Horse  Thief."  Now,  how  to  send  it  ?  The  mails  were  not 
safe  ;  the  country  was  covered  with  guerrillas  ;  Leavenworth  was  in  the  hands  of 
the  ruffians  ;  and  to  return  to  Lawrence  was  impossible.  I  heard  of  an  old 
preacher,  who  lived  a  few  miles  off,  and  who 'was  preparing  to  go  to  Kansas  City, 
in  Missouri.  I  went  to  find  him.  His  house  was  situated  on  the  southern  side  of 
a  creek,  which  is  two  or  three  miles  from  Prairie  "  City."  I  was  told  to  go  to  the 
cabin  of  Capt.  Carpenter,  and  there  (where  armed  men  w^ere  constantly  on  guard) 
they  would  lead  me  to  "  Old  Moore,  the  minister." 

When  men  went  out  to  plough,  at  this  period,  they  always  took  their  rifles  with 
them;  and  they  always  worked  in  companies  of  from  five  to  ten;  for  when  they 
attempted  to  perform  their  work  separately,  the  bandits,  who  were  constantly 
hovering  about  the  region,  were  sure  to  make  a  sudden  descent  and  carry  off  their 
horses  or  oxen.  Every  man  went  armed  "to  the  teeth."'  Whenever  two  men 
approached  each  other,  they  came  up,  pistol  in  hand,  and  the  first  salutation 
invariably  was:  "  Free  State  or  Pro-Slave  ?"  or  its  equivalent:  "  Whai"'  ye  from  ?" 
It  not  unfrequently  happened  that  the  next  sound  was  a  report  of  a  pistol.  People 
who  wished  to  travel  without  such  collisions,  avoided  the  necessity  of  meeting  any 
one,  by  making  a  circuit  or  running  away  on  the  first  indication  of  pursuit. 

The  creeks  of  Kansas  are  all  fringed  with  wood.  I  lost  my  way,  or  got  off  the 
path,  that  crosses  the  creek  above  alluded  to,  when,  suddenly,  thirty  paces  before 
me,  I  saw  a  wild-lookiug  man,  of  magnificent  proportions,  with  half  a  dozen 
pistols  of  various  sizes  stuck  in  his  belt,  and  a  large  Arkansas  bowie-knife  promi- 
nent among  them.  His  head  was  uncovered;  his  hair  was  uncombed;  his  face  had 
not  been  shaved  for  many  months  past.  We  were  similarly  dressed — with  red- 
topped  boots,  worn  over  the  pantaloons;  a  coarse  blue  shirt — and  a  pistol  belt. 
This  was  the  usual  fashion  of  the  times. 

"  Hullo  !"  he  cried,  "^ou're  in  our  camp  !" 

He  had  nothing  in  his  right  hand — he  carried  a  water-pail  in  his  left;  but,  before 
he  could  speak,  I  had  drawn  and  cocked  my  eight-inch  Colt. 

I  only  answered,  in  emphatic  tones,  "  Halt  !  or  Pll  fire  !" 

He  stopped  and  said  that  he  knew  me;  that  he  had  seen  me  in  Lawrence,  and 
that  I  was  "true;"  that  he  was  Frederick  Brown,  the  son  of  old  John  Brown;  and 
that  I  was  now  within  the  limits  of  their  camp.  After  a  parley  of  a  few  minutes,  I 
was  satisfied  that  I  was  among  my  friends,  put  up  my  pistol,  and  shook  hands  with 
Frederick. 

He  talked  wildly,  as  he  walked  before  me,  turning  round  every  minute,  as  he 


THE  HARPER'S  FERRY  INSURRECTION  17 

spoke  of  the  then  recent  affair  of  Pottawatomie.  His  family,  he  said,  had  been 
accused  of  it;  he  denied  it  indignantly,  but  with  the  wild  air  of  a  maniac.  His 
excitement  was  so  great  that  he  repeatedly  recrossed  the  creek,  until,  getting 
anxious  to  reach  the  camp,  I  refused  to  listen  to  him  until  he  took  me  to  ' 
his  father.  He  then  quietly  filled  his  pail  with  water  ;  and,  after  many  strange 
turnings,  led  me  into  camp.  As  we  approached  it,  we  were  twice  challenged  by 
sentries,  who  suddenly  appeared  before  trees  and  as  suddenly  disappeared  behind 
them. 


JOHN  BROWN'S  CAMP. 

I  shall  not  soon  forget  the  scene  that  here  opened  to  my  view.  Near  the  edge  of 
the  creek  a  dozen  horses  were  tied — all  ready  saddled  for  a  ride  for  life,  or  a  hunt 
after  the  invaders.  A  dozen  rifles  and  sabres  were  stacked  against  the  trees.  In 
an  open  space  amid  the  shady  and  lofty  woods,  there  was  a  great  fire  with  a  pot 
on  it;  a  woman  was  picking  berries  from  the  bushes;  three  or  four  men  were  lying 
on  red  blankets  on  the  grass;  and  two  fine-looking  youths  were  standing,  leaning  on 
their  arms,  on  guard.  One  was  the  youngest  son  of  Brown,  and  the  other  was  the 
"  Charley  "  who  was  subsequently  killed  at  Ossawatomie.  Old  Brown  himself  stood 
near  the  fire,  with  his  shirt-sleeves  rolled  up,  and  a  large  piece  of  pork  in  his  hand. 
He  was  engaged  in  cooking  a  whole  pig.  He  was  poorly  clad;  his  toes  protruded 
from  his  boots.  The  old  man  received  me  with  great  cordiality,  and  the  little  band 
soon  gathered  about  me.  But  it  was  for  a  moment  only;  for  the  captain  ordered 
them  to  renew  their  work.  He  respectfully  but  firmly  forbade  conversation  on  the 
subject  of  tlfe  Pottawatomie  affair;  and  said  that,  if  I  desired  any  information 
from  the  company  in  relation  to  their  conduct  or  intentions,  he — as  their  captain — 
would  answer  for  them  whatever  it  was  proper  to  communicate. 

I  remained  in  their  camp  about  an  hour,  and  went  away  with  a  far  higher  respect 
for  the  strtiggle,  and  the  men  engaged  in  it,  than  ever  1  had  felt  before.  I  thought 
that  I  had  met  men  of  earnest  spirit  before  ;  but  this  visit  first  made  me 
acquainted  with  it.  I  had  seen,  for  the  first  time,  the  spirit  of  the  Ironsides, 
armed  and  encamped. 


JOHN  BROWN'S  FIRST  FIGHT. 

A  few  days  after  this  visit,  Mr.  Henry  Clay  Pate — a  postmaster,  politician,  and 

correspondent  of  the  "  St.  Louis  Republican  "  in  Missouri — made  his  appearance 
near  Palmyra,  at  a  creek  called  Black  Jack,  for  the  purpose,  boastingly  avowed,  of 
bringing  Old  Brown  a  prisoner  to  Westport.  He  had  thirty  men.  Brown,  after  a 
few  dozen  volleys,  took  them  captive  with  ten  men. 

Brown  afterward  delivered  up  these  prisoners  to  Col.  Sumner,  of  the  U.  S.  Army, 
cousin  of  the  Senator  from  Massachusetts.  A  incident  of  this  event  is  deservins:  of 
passing  record,  as  an  illustration  of  the  fearless  character  of  Old  Brown.    Learning 


18  THE  HARPER'S  FERRY  INSURRECTION". 

that  Col.  Sumner,  with  his  company,  was  in  the  neighborhood,  the  Captain  de- 
termined to  pay  him  a  visit,  and  offered  to  give  up  the  prisoners,  to  stand  trial,  if 
the  Government  wished  it,  for  the  crime  of  sacking  a  store,  and  repeated  robberies 
on  the  highway. 

The  Colonel  told  him  that  the  United  States  Marshal  was  in  his  camp  with  a  writ 
for  Brown's  arrest,  and  that  it  would  be  his  duty  to  detain  him  as  a  prisoner. 

Brown  answered  that  if  the  United  States  Marshal  attempted  to  serve  the  writ, 
he  would  shoot  him  dead  on  the  spot. 

The  Colonel  replied  that  if  the  Marshal  produced  the  writ,  he  would  serve  it  at 
every  hazard. 

Brown  left  the  camp  unharmed  ! 

I  never  chanced  to  meet  old  Brown  for  many  months  after  the  capture  of  Cla.y 
Pate  at  Black  Jack. 

I  ought,  however,  to  mention  how  the  letters  that  I  sent  by  "  Old  Moore,  the 
minister,"  fared.  I  gave  him  three  letters — the  first  a  little  note  to  a  southern 
lady  ;  the  second,  my  "  Confessions  of  a  Horse  Thief ;"  the  third,  a  description  of 
the  condition  of  the  couutry,  in  which  was  an  account  of  the  sacking  of  Palmyra, 
by  H.  Clay  Pate  and  his  men. 

I  told  "  Old  Moore,  the  minister,"  if  he  were  pursued,  to  destroy  the  large  let- 
ters, which  were  designed  for  publication  ;  but  to  preserve  the  other — the  note — 
as  there  was  nothing  in  it  that  could  implicate  him. 

He  had  not  gone  many  miles  before  he  was  seen,  and  pursued  by  Clay  Pate's 
scouts.  In  his  excitement  he  forgot  my  directions — preserved  the  "incendiary 
documents"  and  destroyed  the  harmless  hillet  doux.  He  was  captured  and  brought 
to  the  camp.  Pate  ordered  the  letters  to  be  opened,  as  soon  as  he  learned  they 
were  mine — for  we  were  rival  correspondents  for  rival  journals — #nd  appointed 
Coleman,  whom  I  had  denounced  as  a  murderer,  to  read  my  productions  to  his 
men  ! 

First,  came  my  "  Confessions  of  a  Horse  Thief."  Captain  Wood,  the  United 
States  officer  who  arrested  me,  was  spared  the  ridicule  I  had  endeavored  to  throw 
on  him,  for  Pate  threw  the  letter  into  the  fire. 

Next,  came  my  description  of  the  sacking  of  Palmyra  and  the  Saxon  names  for 
Pate  and  his  company.  Old  Moore  declared  afterward  that  he  felt  uneasy  for  his 
safety  when  he  saw  the  rage  which  my  letters  aroused.  It  was  universally 
admitted  that  I  ought  to  be  hanged,  and  they  swore  they  would  do  it,  too — when  | 
the  cat  was  belled.  As  Mr.  Moore  was  a  quiet,  inoffensive  old  man,  and  as  he 
knew  nothing  of  the  contents  of  ray  letters  till  they  were  read  in  the  pro-slavery 
camp,  they  permitted  him  to  proceed  on  his  journey  to  Kansas  City. 

The  next  news  of  Pate  was  an  account  of  his  failure  to  capture  Old  Brown, 
although  he  had  thirty  men,  and  of  Brown's  success  in  capturing  Pate,  although 
the  Old  Captain  had  only  ten  men.  Pate's  description  of  the  battle  concluded  in 
these  pathetic  ternis  :  "  In  short,  as  I  sometimes  say  to  my  friends,  I  went  out  to 
take  Old  Brawn,  but  Old  Brown  took  me." 

Shortly  after  this  affair,  the  eldest  son  of  Old  Brown — John  junior — who  still  lives, 


THE  EAEPER'S  FERRY  INSURRECTION.  ,;^ 

was  made  a  prisoner  at  Pottawatomie  oa  a  charge  of  treason.  A  heavy  ball  and 
chain  were  fastened  to  his  feet,  and  in  this  condition  he  was  marched  some  sixty 
miles  to  Lecompton.  The  flesh  was  mangled  at  his  ankles,  but  the  correspondents 
err  in  saying  that  a  brain  fever  ensued  and  he  died.  Of  him  we  have  the  following 
recent  facts  : 

John  Brown,  junior,  who  was  imprisoned  in  Kansas,  and  confined  with  r,opes  and 
chains,  producing  insanity,  is  reported  to  have  died  by  nearly  all  who  have  spoken 
on  the  subject.  But  he  is  still  living,  and  has  been  in  New  York  within 
two  years,  and  the  writer  has  seen  the  rope-marks  yet  on  his  arms.  With  him  we 
are  perfectly  well  acquainted,  and  he,  like  his  father,  bore  the  reputation  of  pos- 
sessing honesty  that  could  not  be  bought,  and  a  firmness  and  courage  that  could 
not  be  appalled.  John  Brown,  junior,  is  a  good  representative  of  his  father.  The 
son  who  was  slain  in  Kansas,  and  the  two  who  were  massacred  at  Harper's  Ferry, 
with  the  John  just  mentioned,  and  we  believe  one  or  two  other  sons,  constituted 
this  remarkable  family. 


THE  BATTLE  OF  OSSAWATOMIE. 

The  next  prominent  adventure  of  John  Brown  was  the  battle  of  Ossawatomie, 
from  which  he  got  his  popular  sobriquet  of  "  Ossawatomie  Brown."  We  give  his 
own  account  of  this  affair  : 

Early  on  the  morning  of  the  30th  of  August,  the  enemy's  scouts  approached  to 
within  one  mile  and  a  half  of  the  western  boundary  of  the  town  of  Ossawatomie. 
At  this  place  my  son  Frederick  K.  (who  was  not  attached  to  my  force)  had  lodged 
with  some  four  other  young  men  from  Lawrence,  and  a  young  man  named  Garrison, 
from  Middle  Creek. 

The  scouts,  led  by  a  pro-slavery  preacher  named  White,  shot  my  son  dead  in 
the  road,  whilst  he — as  I  have  since  ascertained — supposed  them  to  be  friendly. 
At  the  same  time  they  butchered  Mr.  Garrison,  and  badly  mangled  one  of  the 
young  men  from  Lawrence,  who  came  with  my  son,  leaving  him  for  dead. 

Tills  was  not  far  from  sunrise.  I  had  stopped  duiing  the  night  about  two  and 
one-half  miles  from  them,  and  nearly  one  mile  from  Ossawatomie.  I  had  no 
organized  force,  but  only  some  twelve  or  fifteen  new  recruits,  who  were  ordered  to 
leave  their  preparations  for  breakfast,  and  follow  nje  into  the  town  as  soon  as  this 
news  was  brought  to  me. 

As  I  had  no  means  of  learning  correctly  the  force  of  the  enemy,  I  placed  twelve 
of  the  recruits  in  a  log-house,  hoping  we  might  be  able  to  defend  the  town.  I  then 
gathered  some  fifteen  more  men  together,  whom  we  armed  with  guns,  and  we  started 
in  the  direction  of  the  enemy.  After  going  a  few  rods,  we  could  see  them  approach- 
ing the  town  in  line  of  battle,  about  one-half  a  mile  off  upon  a  hill  west  of  the 
village.  I  then  gave  up  all  idea  of  doing  more  than  to  annoy,  from  the  timber 
near  the  town,  into  which  we  all  retreated,  and  which  was  filled  with  a  thick 
growth  of  underbrush,  but  had  no  time  to  recall  the  twelve  men  in  the  log-,h,o^et 
and  so  lost  their  assistance  in  the  fight.  j;t.,  f,it,' 


^  THE  HARPER'S  FERRY  INSURREOTIOIT. 

At  the  point  abo-ve  named  I  met  with  Capt.  Cline,  a  very  active  young  man,  who 
had  witli  him  some  twelve  or  fifteen  mounted  men,  and  persuaded  him  to  go  with 
ns  into  the  timber,  on  tlie  southern  shore  of  the  Osage  or  Marais-des-Cygues,  a  httle 
to  the  northwest  from  the  village.  Here  the  men,  numbering  not  more  than  thirty 
in  all,  were  directed  to  scatter  and  secrete  themselves  as  well  as  they  could,  and 
await  the  approach  of  the  enemy.  This  was  done  in  full  view  of  them  (who  must 
have  seen  the  whole  movemetit),  and  had  to  be  done  in  the  utmost  haste.  I 
believe  Captain  Cline  and  some  of  his  men  were  not  even  dismounted  in  the  fight, 
■  but  cannot  assert  positively.  When  the  left  wing  of  the  enemy  had  approached  to 
within  common  rifle  shot,  we  commenced  firing  ;  and  very  soon  threw  the  northern 
branch  of  the  enemy's  line  into  disorder.  This  continued  some  fifteen  or  twenty 
tninutes,  which  gave  us  an  uncommon  opportunity  to  annoy  them.  Captain  Cline 
and  his  men  soon  got  out  of  ammunition  and  retired  across  the  river. 

After  the  enemy  rallied,  we  kept  up  our  fire  until,  by  the  leaving  of  one  and 
another,  we  had  but  six  or  seven  left.     We  then  retired  across  the  river. 

We  had  one  man  killed,  a  Mr.  Powers,  from  Capt.  Cline's  company,  in  the 
fight.  One  of  my  men,  a  Mr,  Partridge,  was  shot  in  crossing  the  river.  Two  or 
three  of  the  party  who  took  part  in  the  fight' are  yet  missing,  and  may  be  lost  or 
.taken  prisoners.  Two  were  wounded,  viz.  :  Dr.  Updegraff  and  a  Mr.  Collis. 
ft;:  I  cannot  speak  in  too  high  terms  of  them,  and  of  many  others  I  have  not  now 
time  to  mention. 

One  of  my  best  men,  together  with  myself,  was  struck  with  a  partially  spent  ball 
from  the  enemy,  la  the  commencement  of  the  fight,  but  were  only  bruised.  The 
loss  I  refer  to,  is  one  of  my  missing  men.  The  loss  of  the  enemy,  as  we  learn  by 
the  different  statements  of  our  own,  as  well  as  their  people,  was  some  thirty-one  or 
two  killed,  and  from  forty  to  fifty  wounded.  After  burning  the  town  to  ashes,  and 
killing  a  Mr,  Williams  they  had  taken,  whom  neither  party  claimed,  they  took  a 
hasty  leave,  carrying  their  dead  and  wounded  with  them.  They  did  not  attempt 
to  cross  the  river,  nor  to  search  for  us,  and  have  not  since  returned  to  look  over 
their  work. 

I  give  this  in  great  haste,  in  the  midst  of  constant  interruptions.  My  second  son 
was  with  me  in  the  fight,  and  escaped  unharmed.  This  I  mention  for  the  benefit 
of  his  friends. 

Old  Preacher  White,  I  hear,  boasts  of  having  killed  my  son  ;  of  course,  he  is  a 

lion. 

John  Brown. 

Thus  were  two  hundred  men,  fully  equipped  and  armed,  with  muskets,  swords, 
pistols,  and  artillery,  arrested,  thrown  into  confusion,  and  lost  thirty-two  men,  and 
bad  fifty  wounded  by  a  party  of  sixteen;  all  of  them  imperfectly  armed. 

The  invaders  burned  down  the  little  town  of  Ossawatomie,  the  mill  of  the  Emi- 
grant Aid  Company,  and  carried  off  a  sou  of  Mr.  0.  C.  Brown,  whom  they  kept  for 
several  months  a  prisoner  in  Missouri.  They  supposed  him  to  be  a  relative  of  the 
old  man,  who  had  so  effectively  annoyed  them.  ' 


THE  HARPEE'S  FERRY  INSURRECTION".  21 

THE  BATTLE   OF  THE   SPUES. 

Bat  there  is  one  incident  of  his  recent  career  in  Kansas,  which  was  laughable  in 
its  character,  and  which  has  never  been  narrated  in  the  Eastern  journals.  He  took 
a  party  of  slaves  from  the  vicinity  of  Atchison.  The  owners  were  indignant  at  him 
when  they  heard  of  it,  and  organized  a  formidable  party  to  pursue  him.  The  sheriff 
weut  with  them,  armed  with  the  parchment  terrors  of  the  law.  They  soon  over- 
took the  fugitives.  Brown,  with  Kagi  and  others,  instantly  drew  up  in  line  of 
battle  to  receive  them  ;  and,  although  less  than  one-fourth  in  numerical  force,  it 
was  evident  that  they  intended  to  conquer  or  to  die  in  defence  of  the  negroes.  The 
sheriff,  seeing  the  old  man's  preparations,  wheeled  round  his  horse  and  galloped  off. 
Dozens  of  his  followers  imitated  his  example.  There  was  one  company,  however, 
that  refused  to  fly.  Brown  captured  them.  He  caused  them  to  dismount,  and  put 
the  negroes  on  their  horses.  They  swore.  Old  Brown  ordered  them  to  be  silent, 
as  he  would  permit  no  blasphemy  in  his  presence.  They  swore  again.  "  Kneel  !" 
said  the  old  man,  as  he  drew  his  pistol,  with  stern  earnestness,  which  left  no  room 
to  doubt  his  intention.  They  knelt  down,  and  he  ordered  them  to  pray  !  He 
detained  them  for  five  days,  and  compelled  them  to  pray  night  and  morning.  They 
returned  to  Atchison  ;  one  of  them  indiscreetly  told  the  story  ;  the  ridicule  that 
overwhelmed  the  others  compelled  them,  I  was  recently  informed,  to  leave  the 
town. 

This  was  the  last  time  that  I  heard  of  Old  John  Brown  in  Kansas. 


JOHN  BROWN'S  LATER  HISTORY. 

Of  Brown's  subsequent  career  in  Kansas,  I  know  personally  very  little.  He  aided 
Montgomery  ;  he  delivered  many  captives  ;  he  acted,  everywhere  and  always, 
according  to  his  own  convictions  ;  whether  these  convictions  are  right  or  wrong 
depends  upon  the  stand-point  from  which  they  are  viewed. 


JOHN  BROWN'S  PRACTICAL  NATURE. 
Old  Brown  was  no  politician.  He  despised  the  class  with  all  the  energy  of  his 
earnest  and  determined  nature.  His  first  appearance  in  the  Territory  of  Kansas 
was  at  Ossawatomie,  at  a  public  meeting,  at  which  politicians  were  carefully  prun- 
ing a  set  of  resolutions  to  suit  every  shade  of  Free  State  men.  The  motion  that 
called  him  out  was  to  pass  a  resolution  in  favor  of  excluding  all  negroes  from 
Kansas.  Old  Brown  rose,  and  scattered  consternation  among  the  politicians  by 
asserting  the  manhood  of  the  negro  race,  and  expressing  his  earnest  anti-slaveiy 
convictions  with  a  force  and  vehemence  little  likely  to  please  the  hybrids  then  known 
as  Free  State  Democrats.  It  was  his  first  and  last  appearance  in  a  public  meeting. 
Like  most  men  of  action,  he  underrated  discussion.  He  secretly  despised  even  the 
ablest  anti-slavery  orators.    He  could  "  see  no  use  in  this  talking,"  he  said.     "Talk 

2 


22  THE  HARPER'S  FERRY   [NSURREOTION". 

is  a  national  institution  ;  but  it  does  no  good  for  the  slave."  He  thought  it  an 
excuse  very  well  adapted  for  weak  men  with  tender  consciences.  Most  men,  who 
were  afraid  to  fight,  and  too  honest  to  be  silent,  deceived  themselves  that  they  dis- 
charged their  duties  to  the  slave  by  denouncing  in  fiery  words  the  oppressor.  His 
ideas  of  duty  were  far  different  ;  the  slaves,  in  his  eyes,  were  prisoners  of  war  ; 
their  tyrants,  he  held,  had  taken  up  the  sword,  and  must  perish  by  it." 

The  next  time  he  appeared  among  men  assembled  in  numbers  was  when  Law- 
rence was  surrounded  by  Sheriff  Jones's  posse  comitatus,  during  the  governorship  of 
Shannon,  in  the  month  of  December,  1855.  His  eldest  son,  John,  had  command 
of  a  large  company  of  men,  and  he  himself  had  charge  of  a  dozen.  He  was  dis- 
satisfied with  the  conduct  of  Robinson  and  Lane,  and  predicted  that  their  celebrated 
treaty,  with  its  diplomatic  phraseology,  would  only  postpone  the  discussion  at  arms, 
which  was  inevitably  and  rapidly  approaching.  Lane  sent  for  him  to  a  Council  of 
War.  "  Tell  the  General,"  Brown  said,  "  that  when  he  wants  me  to  fight,  to  say 
so  ;  but  that  is  the  only  order  I  will  obey."  In  disobedience  to  general  orders,  he 
even  went  out  of  camp  with  his  dozen  men  to  meet  his  invaders — to  "  draw  a  little 
blood,"  as  he  phrased  it — but  by  the  special  messenger  of  Lane  he  was  induced  to 
forego  this  intention  and  return.  He  always  regretted  doing  so,  and  maintained 
that  if  the  conflict  had  been  brought  on  at  that  time  a  great  deal  of  bloodshed 
would  have  been  spared. 


HOW   JOHN    RROWN   GOT   MONEY. 
Some  of  the  papers  are  exceedingly  anxious  to  know  how  Old  Brown  got  his 
money,  and  from  whom,  and  why.     It  has  long  been  a  matter  of  newspaper  recoid. 
The  following  appeal,  which  he  issued,  was  extensively  printed  at  the  time  in  the 
prominent  journals  of  the  country  : 

"  To  the  Friends  of  Freedom :  The  undersigned,  whose  individual  means  were 
exceedingly  limited  when  he  first  engaged  in  the  struggle  for  liberty  in  Kansas, 
being  now  still  more  destitute,  and  no  less  anxious  than  in  times  past  to  continue 
his  efforts  to  sustain  that  cause,  is  induced  to  make  this  earnest  appeal  to  the 
Friends  of  Freedom  throughout  the  United  States,  in  the  firm  belief  that  his  call 
will  not  go  unheeded. 

"  I  ask  all  honest  lovers  of  Liberty  and  Human  Rights,  both  male  and  female,  to 
hold  up  my  hands  by  contributions  of  pecuniary  aid  cither  as  counties,  cities,  towns, 
villages,  societies,  churches,  or  individuals. 

"  I  will  endeavor  to  make  a  judicious  and  faithful  application  of  all  such  means 
as  I  may  be  supplied  with.  Contributions  may  be  sent  in  drafts  to  W.  II.  D.  Calen- 
der, Cashier  State  Bank,  Hartford,  Connecticut.  It  is  my  intention  to  visit  as  many 
places  as  I  can,  during  my  stay  in  the  States,  provided  I  am  informed  of  the  dispo' 
sition  of  the  inhabitants  to  aid  me  in  my  efforts,  as  well  as  to  receive  my  visit 
Information  may  be  communicated  to  me  (care  of  Massasoit  House)  at  Springfield, 
Massachusetts.     Will  the  editors  of  newspapers,  friendly  to  the  cause,  kiudly  second 


THE  HARPER'S  FERRY  INSURRECTION.  23 

the  measure,  and  also  give  this  some  half  a  dozen  insertions  ?  Will  either  gentle- 
men or  ladies,  or  both,  who  love  the  cause,  volunteer  to  take  up  the  business.  It 
is  with  no  little  sacrifice  of  personal  feeling  that  I  appear  in  this  manner  before  the 
public.  *'  John  Brown." 

This  appeal,  in  which  the  italics  are  in  the  original,  was  widely  responded  to. 


NOTICES  OP  THE  OTHER  INSURGENTS. 

The  next  man  to  John  Brown,  in  the  Harper's  Ferry  aflfair,  was  John  E.  Cook, 
who  escaped  at  the  time,  but  was  arrested  a  few  days  afterward  in  Pennsylvania, 
and  sent  back  to  Virginia.     Our  informant  thus  relates  : 

MY  FIRST  INTRODUCTION   TO   COOK. 

He  knew  me  by  reputation,  and  I  entered  into  conversation  with  him.  He  was 
dressed  in  the  rough  fashion  of  the  period,  but  his  arms,  accoutrements,  and  linen 
— and  after  one  talked  with  him,  his  style  of  conversation — indicated  that  he  was  a 
young  man  of  a  wealthy  family.  A  fair,  slim  youth  of  two  and  twenty,  his  boast- 
ing and  incessant  talking  did  not  strike  me  favorably.  He  had  a  slight  impediment 
in  his  speech,  and  the  rapidity  with  which  he  talked  did  not  improve  it.  He  told 
me  that  he  had  come  from  Chicago,  where,  at  the  time,  he  had  relatives  living  ; 
had  gone  to  Leavenworth,  and  joined  (for  the  sake  of  betraying  them)  the 
Kickapoo  Rangers — the  most  desperate  gang  of  ruffians  and  murderers  ever  spewed 
out  over  Kansas.     He  told  their  plans  and — the7i  returned 

What  he  predicted  was  fulfilled;  his  veracity  was  undoubted.  But  where  was  he? 
We  had  given  him  up  as  lost  to  us,  when  he  suddenly  re-appeared.  Lawrence  had 
been  sacked  since  his  previous  visit. 

His  appearance  created  a  renewed  agitation.  He  went  before  the  Stubbs,  the 
celebrated  militia  company  of  Lawrence,  told  further  plans  of  the  Rangers,  and, 
above  all,  a  story  of  his  escape,  which  removed  the  doubts  about  him.  The  story 
of  Cook's  escape,  as  he  told  it,  was  subsequently  found  to  be  true. 

He  had  been  suspected  by  the  Border  Ruffian  company,  and  when  he  asked  per- 
mission to  visit  Kansas  City  (with  the  secret  intention  of  going  to  Lawrence)  a 
man  was  sent  after  him  to  watch  him.  Cook  stopped  at  Kansas  City,  and  went  up 
to  Lawrence.  The  spy,  finding  that  he  had  gone,  returned  to  Kickapoo  and 
reported  the  treason.  When  Cook  went  back  to  Kickapoo,  a  company  meeting 
was  held.  A  man  planted  himself  before  the  door  of  the  room,  and  the  spy  pro- 
ceeded to  tell  his  story.  But  Cook  had  already  dimly  feared  and  formidably  pre- 
pared himself  for  this  result.  It  was  a  terrible  situation  to  be  in — a  hopeless 
prisoner,  to  all  human  appearances,  among  thirty  enemies.  Cook  sprang  up,  with  his 
revolver  cocked,  and  a  bowie-knife  in  his  left  hand.  In  an  instant,  he  was  at  the 
door,  with  the  muzzle  of  his  pistol  within  a  yard  of  the  doorkeeper's  mouth. 

John  E.  Cook,  unlike  his  captain,  is  not  a  religious  man  ;  and  I  am  very  much 
afraid  that  he  uttered  profane  words  as  he  ordered  the  doorkeeper  to  move  aside. 


24  THE  HARPER'S  FFRRY  IFSURRECTIOK 

Whether  he  did  or  not,  however,  the  doorkeeper  moved.  It  does  not  require  many 
words  to  induce  even  a  brave  man  to  get  out  of  the  range  of  a  pistol  held  in  the 
hands  of  a  desperate  prisoner.  In  a  few  seconds  he  had  disappeared  among  the 
brush  ;  and — the  darkness  favoring  him — he  soon  made  his  way  to  Lawrence. 

Cook  had  an  exciting  and  rough  time  in  Kansas.  He  found  a  friend  in  Charles 
Lenhart,  the  organizer  of  the  Free  State  guerrillas,  and  with  that  party  he  had  his 
first  fight.  On  this  occasion,  among  three  or  four  boys  who  accompanied  Cook,  was 
a  young  gentleman  named  Stewart,  the  only  son  of  a  wealthy  family  in  the  State 
of  New  York.  Charley  Lenhart  was  chosen  captain.  They  had  not  proceeded 
more  than  four  miles,  when  they  suddenly  came  upon  three  Missourians  on  horse- 
back, who,  as  soon  as  they  saw  the  Lawrence  boys,  drew  up  their  rifles  and  fired  a 
volley  at  them.  Stewart  fell  a  corpse — shot  through  the  forehead.  The  rifles  of 
the  <?urvivors  were  instantly  raised  ;  but,  in  consequence  of  the  bad  pellets  which 
Sharpe's  manufacturing  company  at  that  time  made,  they  would  not  go  oS"  until 
several  of  them  had  snapped.  By  that  time  the  Missourians,  favored  by  the  nature  of 
the  ground,  were  almost  out  of  range.  Only  one  of  them  was  wounded.  He  was 
lying  along  his  horse  at  the  time,  and  the  ball  glanced  along  his  back,  taking  a  ribbon 
out  of  his  coat  from  the  waist  to  the  neck.    The  wound,  therefore,  was  trifling  only. 

Charley  looked  after  them  sternly  ;  and  then  turning  to  his  boys,  he  told  them 
to  kneel  over  the  corpse. 

"Hold  up  your  hands  1"  he  said,  " and  take  this  oath  I" 

I  will  not  repeat  that  oath  ;  suffice  it  to  say  that  it  was  a  terrible  one,  and  kept. 
Stewart  was  revenged. 

This  was  Cook's  first  exploit  with,  the  Free  State  boys. 


CHARLEY  LENHART'S  CAMP. 

Soon  after  my  laughable  adventure  as  a  horse-thief,  I  started  for  Charley's  camp, 
fully  armed,  but  this  time  on  foot.     I  had  enough  of  horses  for  the  season. 

Charley  was  encamped  at  Blue  Mound — a  wooded  eminence  south  of  Wakarusa, 
and  twelve  miles  from  Lawrence.  Near  the  summit  of  the  Mound,  in  the  thickest 
part  of  the  wood,  I  found  the  young  guerrilla  boys  lying  at  their  ease.  Their  horses 
were  tethered  at  different  places  in  the  vicinity  of  the  camp.  The  only  covering 
they  had  was  an  old  canvas  (which  they  had  taken  from  the  enemy),  and  which, 
tied  to  trees,  afforded  a  protection  against  the  rain.  Each  man  had  a  blanket, 
rifle,  pistol,  and  bowie-knife.  The  side-arms  were  stuck  in  their  belts.  Their 
browned  faces  and  wild  and  ragged  appearance,  I  thought,  were  unanswerable 
proofs  of  an  "  irresistible  conflict." 

Cook  was  there.  He  had  been  tried  and  found  true.  Since  the  days  of  Homer 
there  have  ever  been  exceptions  to  the  rule  that  barking  dogs  never  bite.  Cook 
was  a  desperate  fighting'  dog  ;  but  he  barked  like  a  King  Charles  poodle.  He  was 
always  boasting.  Even  in  that  little  camp,  there  were  rivalries.  The  State  House 
spirit  had  already  animated  one  man — who  was  subsequently  shot  dead  by  a  Federal 


THE  HARPER'S  FERRY  INSURRECTION.  25 

office-holder — and  hz  was  aspiring   to   supersede  Charley  Lenhart  in   command. 
Failing  to  do  so,  he  bolted. 

I  remained  three  days  in  camp.  On  the  second  day  I  had  my  first  taste  of 
guerrilla  life.  The  sentinel,  who  stood  on  the  bare  summit  of  the  Mound,  gave  three 
long  whistles.  Every  one  sprang  to  his  feet.  The  tent  was  torn  down,  rolled  up, 
and  strapped  on  the  nearest  horse.  Every  man  seized  his  blanket,  and  ran  and 
tied  it  to  his  saddle. 

"  Now,  boys  I"  shouted  Charley,  "  scatter  and  hide  ;  and  don't  you  come  back 
again  till  the  troops  return  to  camp." 

I  ran  to  the  top  of  the  Mound  to  reconnoitre.  A  little  stream  flowed  round  the 
base  of  the  hill,  which,  after  turning  it,  meandered  to  the  southward.  The  hill, 
excepting  at  the  summit,  was  densely  wooded  ;  as  also  were  the  banks  of  the 
stream. 

On  the  opposite  side  of  the  stream,  about  three  miles  to  the  south,  I  saw  two 
companies  of  United  States  dragoons,  slowly  coming  up,  and  hunting  us  in  every 
direction.  The  clearness  of  the  atmosphere  enabled  us  to  see  that  they  were  con- 
ducted by  civilians. 

"  We  are  betrayed  !"  said  Charley ;  "  but  d — n  them,  they  haven't  caught  us 
yet.     Let's  scatter." 

Every  one  chose  his  own  course.  I  thought  the  safest  route  (as  it  would  not  do 
to  take  to  the  prairies),  would  be  to  cross  the  stream  to  the  north  ;  for  I  reckoned 
that,  having  seen  us  on  the  top  of  the  Mound,  the  troops  would  cross  and  examine 
it  on  our  side.  The  Mound  is  steep,  and  it  was  some  time  before  I  descended.  I 
crossed  the  stream  and  got  through  the  wood,  and  was  entering  the  thick  brush 
beyond  it,  when,  not  more  than  three  hundred  paces  before  me,  turning  the  angle 
of  the  wood,  appeared  the  leading  file  of  the  mounted  troops.  The  rapidity  with 
which  I  leaped  from  my  horse  might  have  taught  a  lesson  in  celerity  to  lightning. 
I  had  the  advantage  of  the  troops,  for  they  could  not  pursue  me  on  horseback  ; 
and,  as  I  was  running  for  a  greater  stake  than  they,  I  did  not  fear  to  be  overtaken. 
I  escaped ;  got  to  the  top  of  the  Mound  ;  watched  every  movement  they  made  ; 
and,  in  an  hour  or  two,  recrossed  the  stream  and  found  the  horse  patiently  waiting 
for  me.     The  troops,  not  knowing  our  strength,  were  afraid  to  cross  the  stream. 

Next  day  I  returned  to  Lawrence  and  delivered  up  the  horse  to  the  owner  ;  who, 
in  a  similar  spirit  of  neighborliness,  delivered  me  a  bill  nearly  as  long  as  itself,  and 
it  was  the  tallest  and  longest  horse  in  the  town.  A  short  time  afterward — such 
was  the  fate  of  many  politicians  in  Kansas — he  was  obliged  to  fly  for  the  trifling 
peccadillo  of  murdering  a  slow-paying  debtor.  Yet  his  bill  was  not  half  so  long  as 
mine  had  been  ;  and  he  had  not  waited  half  so  long  to  get  it  paid. 


COOK  QUIET  FOR  A  WHILE. 

He  kept  a  journal  of  his  adventures,  which  may  be  published.     He  became  a  cap- 
tfttn  himself,  and  in  various  ways  distinguished  himself  for  his  recklessness   and 


26  THE   HAEPER'S   FERRY   INSTIRRECTIOK 

bravery.  When  peace  was  restored  aad  the  speculation  mania  began,  he  entered 
into  partnership  with  a  person  named  Bacon,  and  made  a  good  deal  of  money  by 
his  quick  and  shrewd  speculations.  ITis  real  estate  office  was  a  real  curiosity  shop. 
Enter  when  you  pleased,  you  would  usually  find  him  burnishing  his  arras — of  which 
he  had  always  a  fine  variety  ;  for  the  chief  furniture  of  his  office  consisted  of 
weapons,  which  were  conspicuously  displayed  on  the  walls  and  in  the  corners.  For 
himself,  he  was  a  walking  arsenal,  even  in  the  days  of  mutual  good-feeling. 

Cook — to  give  his  character  in  a  few  words — is  a  brave  fellow,  good-hearted, 
intelligent,  reckless,  egotistical  and  querulous. 


COOK'S  RECENT  HISTORY. 

I  learned,  after  losing  trace  of  him  for  many  mouths,  that  he  had  gone  to  Har- 
per's Ferry.     He  must  have  been  there  for  upwards  of  two  years  past. 

The  last  news  I  had  of  him  was  from  my  wife.  She  was  travelling  through 
Indiana  on  her  way  to  Kansas  to  rejoin  me  there.  A  young  man,  with  pistols  in 
his  belt  and  a  bowie-knife  conspicuously  displayed,  was  declaiming  about  the 
Kansas  wars  to  every  one  around  him.  Finally,  having  exhausted  his  late  listeners, 
he  came  into  the  vicinity  of  my  wife,  who  asked  him  about  various  friends  in  the 
Territory.  He  did  not  know  her  ;  she  asked  about  me.  He  was  rather  compli- 
mentary in  his  estimate  of  my  character,  but  he  made  an  emphatic  and  important 
proviso:  I  was,  in  his  opinion,  the  rashest  and  most  reckless  man  he  knew.  The 
next  time  that  Satan  reproves  sin,  and  is  chided  for  so  doing,  he  may  quote,  by 
way  of  precedent,  the  distinguished  example  of  John  E.  Cook,  of  Harper's  Ferry, 
reproving  me  for  rashness. 


JOHN  KAGI. 

Kagi  settled  at  Topeka  ;  became  the  Kansas  correspondent  of  the  "  National 
Era,"  and  associate  editor  of  the  Topeka  "  Tribune;"  and  soon  made  himself  a  fair 
reputation  as  a  writer  of  ability,  a  brave  man,  and  an  incorruptible  politician  of  the 
Free  State  Party. 

He  first  became  known  throughout  the  country  by  the  assault  of  Judge  Elmore 
on  him.  The  store  of  a  Free  State  man  had  been  robbed  at  Tecumseh,  a  village 
four  miles  distant  from  Topeka.  The  owner  applied  to  the  Topeka  boys  for  justice 
They  sent  down  word  that  an  examination  must  be  made,  or  they  would  pay  a. 
visit  to  the  town  and  put  it  to  the  flames.  A  Committee  of  Investigation  was 
appointed  as  soon  as  this  gentle  warning  was  received.  It  consisted,  first,  of  a  Freei 
State  man  ;  secondly,  the  person  suspected  of  the  robbery ;  and  thirdly,  ex-judge 
Elmore,  as  chairman,  and  representative  of  the  "  Conservatives." 

The  evidence,  full  and  explicit,  was  given  in  ;  the  Fi-ee  State  man  deciding  iOn 
favor  of  restitution, '  and  the  convicted  opposing  it.  The  decision,  therefore,  de- 
volved on  Elmore. 


THE   HARPER'S   FERRY   mSURREOTION.  27 

In  the  true  conservative  spirit,  he  declared  his  inability  to  decide. 

Kagi,  commenting  on  the  decision,  remarked  that  President  Pierce  need  not  have 
sought  a  pretext  to  dismiss  Elmore,  on  account  of  his  extra-judicial  investments,  as 
it  was  self-evident  that  a  person  who  could  not  decide  when  clear  evidence  was 
before  him,  whether  a  convicted  robber  should  restore  stolen  goods  or  retain  them, 
was  hardly  qualified  for  a  seat  on  the  Supreme  Bench  of  a  Territory. 

Elmore  approached  Kagi ;  asked  his  name,  and  then  suddenly  felled  him.  He 
repeated  the  blow  several  times  ;  when,  seeing  Kagi  groping  for  his  pistol,  he  drew 
his  revolver  and  fired  at  him,  but  did  no  &;erious  damage.  Kagi,  blinded  and 
stunned,  fired  a  shot  at  random,  which,  taking  effect  in  a  vital  organ,  terminated, 
it  is  said,  all  further  hope  of  continuing  the  house  of  Elmore. 

I  do  not  know  of  any  individual  exploit  of  Kagi  ;  he  always  acted  in  company 
with  the  Topeka  boys  or  Brown. 

He  liad  been  nearly  two  years  with  the  old  man,  when  be  fell  at  Harper's 
Ferry. 

He  had  become  a  scientific  military  officer,  and  brilliant  hopes  were  formed  of  his 
future  by  the  friends  who  knew  him  best.  He  was  a  young  man  of  clear  and  logi- 
cal intellect ;  but,  unlike  old  Brown,  was  a  skeptic  in  moral  and  religious  matters  ; 
and  engaged  in  the  military  anti-slavery  enterprise  rather  from  a  haughty  sense  of 
duty  to  a  friendless  race,  than  of  obedience  to  any  special  command  from  Deity. 
Brown  believed  that  God  spoke  to  him  in  visions  of  the  night  ;  Kagi  neither  be- 
lieved in  visions  nor  that  God  was  the  author  of  the  drama  of  human  history.  He 
would  have  made  his  mark  in  any  society.  He  died  fighting.  He  fought  on  the 
soil  of  his  native  State — in  obedience  to  his  idea  of  the  lessons  of  her  greatest 
statesman. 


EDWIN  COPPIE. 

The  young  man,  Edwin  Coppie,  is  a  native  of  Salem,  Ohio,  where  he  resided  until 
some  seven  years  ago,  when  he  went  to  Iowa.  He  was  left  an  orphan  at  an  early 
age,  and  was  provided  with  a  home  in  the  family  of  a  benevolent  Quaker,  a  friend 
of  the  Coppie  family,  who  were  also  Quakers.  He  remained  at  this  place  two  or 
three  years,  exhibiting  during  that  time  such  evidence  of  a  depraved  and  vicious 
nature  that  his  benefactor  did  not  feel  it  his  duty  to-  befriend  him  further,  and 
turned  him  loose.  After  a  few  years  more  spent  in  various  places,  he  at  last  went 
to  Iowa,  where  he  remained  until  the  commencement  of  troubles  in  Kansas,  when 
he  emigrated  to  that  Territory,  returning  again  to  Iowa  after  peace  was  restored. 
One  who  knew  him  in  Iowa  after  he  had  attained  to  manhood,  says  that  he  enjoyed 
the  reputation  of  a  reckless,  dare-devil  fellow,  possessing  much  more  physical 
courage  and  fortitude  than  principle.  After  the  cessation  of  troubles  in  Kansas  he 
was  engaged  with  Brown  in  running  off  slaves  from  Missouri.  Some  few  months 
since  he  passed  through  Salem  on  his  way  East,  as  he  said,  and  spent  several  days 
here  with  his  former  acquaintances.  It  is  probable  that  he  was  then  on  his  way  to 
join  Brown. 


fiS  THE  HARPER'S  FERRY  INSURREOTIOK 


EEALF. 

I  find  the  name  of  "Realf "  in  Brown's  list  of  his  men,  but  not  in  any  of  the 
telegraphic  accounts  of  the  killed  insurgents.  If  he  fell,  his  name  was  not  correctly 
given. 

I  thought  and  still  believe  that  Realf  is  in  England.  He  is  a  young  man  of 
poetic  genius.  Lady  Byron  adopted  him  at  an  early  age — his  parents  were  English 
peasants — and  he  studied  for  some  time  in  London  as  a  sculptor.  He  published  a 
volume  of  poems  in  England.  Some  of  his  Kansas  lyrics  were  worthy  of  our  most 
celebrated  poets.  He  was  an  assistant  for  some  time  at  the  House  of  Industry  with 
Mr.  Pease,  of  the  Five  Points ;  whence,  during  the  border  troubles,  he  emigrated  to 
Kansas.  He  became  a  resident  correspondent  of  the  Eastern  press,  but  he  did  not 
distinguish  himself  in  that  responsible  capacity.  His  letters  were  like  Addison's  fat 
citizen's  pudding,  of  which  he  made  the  ever-memorable  record  :  "  N.  B. — Too 
many  plums  and  not  enough  suet." 

He  was  rather  a  spoilt  and  whining  child,  but  he  had  a  noble  heart  and  a  fine 
intellect.     His  head  was  beautifully  molded  and  his  countenance  handsome. 

I  think  that  I  recognize  another  intimate  friend  in  the  list  of  the  killed  insur- 
rectionists. It  is  known  that  he  was  at  Harper's  Ferry  on  the  day  preceding  the 
explosion. 


THE  BROWNS  OF  KANSAS. 

Several  persons  of  the  name  of  Brown  have  distinguished  themselves  in  Kansas. 
They  have  frequently  been  confounded.  One  of  the  first  settlers  killed  was  a 
Brown  ;  one  prominent  traitor  was  a  Brown  ;  and  the  most  celebrated  family  of 
fighting  men  were  Browns. 

R.  P.  Brown,  a  free-soil  pioneer,  an  emigrant  from  Kentucky,  was  killed  by  the 
Kickapoo  Rangers.  His  wife  is  now  in  an  insane  hospital.  Her  husband's  body 
was  brutally  hacked  by  the  ruffians,  and  tobacco  juice  was  ejected  in  his  face  as  he 
lay  writhing  on  the  ground.  They  carried  the  body  of  the  still  gasping  man  to  the 
house  of  his  wife.     As  she  wept  piteously  over  it,  one  of  the  ruffians  insulted  her. 

G.  W.  Brown  had  his  press — the  "Herald  of  Freedom" — destroyed  by  a  mob 
from  Missouri,  who  were  acting  in  the  capacity  of  posse  comitatus.  He  himself  was 
arrested  and  imprisoned  in  the  camp  before  Lecompton,  on  the  charge  of  high 
treason. 

There  is  another  Brown,  a  peaceable  gentleman,  who  lives  at  Osawattie,  and  whose 
property  has  been  repeatedly  destroyed  by  the  invaders  of  Kansas.  He  was  a 
member  of  the  Topeka  Constitutional  Convention.  He  took  no  part  in  the  wars, 
but  brought  out  some  colonics  of  settlers  from  New  York. 


'l--1f 


THE  HARPER'S  FERRY  INSURRECTIOK  29 


THE  INSURRECTION 

AT 

HARPER'S     F  E  HE  Y, 

SUNDAY  NIGHT,  OCT  16,  1859. 


On  the  night  here  mentioned,  John  Brown,  with  twenty  one  men,  took  possession 
of  the  United  States  Arsenal  at  Harper's  Ferry,  Va.,  and  held  it  against  the  forces 
of  Maryland  and  Virginia,  until  Tuesday  morning,  when  it  was  stormed  by  United 
States  marines.  His  object  was  not  quite  clear  ;  it  is  said  that  he  made  his  first 
appearance  in  Harper's  Ferry  more  than  a  year  ago,  accompanied  by  his  two  sons 
— all  three  of  them  assuming  the  name  of  Smith.  He  inquired  about  land  in  the 
vicinity,  and  made  investigations  as  to  the  probability  of  finding  ores  there,  and  for 
some  time  boarded  at  Sandy  Point,  a  mile  east  of  the  Ferry.  After  an  absence  of 
some  months  the  elder  Brown  reappeared  in  the  vicinity,  and  rented  or  leased  a 
farm  on  the  Maryland  side,  about  four  miles  from  the  Ferry.  They  bought  a  large 
number  of  picks  and  spades,  and  this  confirmed  the  belief  that  they  intended  to 
mine  for  ores.  They  were  frequently  seen  in  and  about  Harper's  Ferry,  but  no  sus- 
picion seems  to  have  existed  that  "  Bill  Smith "  was  Capt.  Brown,  or  that  he 
intended  embarking  in  any  movement  so  desperate  or  extraordinary. 

Brown's  chief  aid  was  John  E.  Cook,  a  comparatively  young  man,  who  has 
resided  in  and  near  the  Ferry  some  years.  He  was  first  employed  in  tending  locks 
on  the  canal,  and  afterward  taught  school  on  the  Maryland ^side  of  the  river  ;  and 
after  a  brief  residence  in  Kansas,  where,  it  is  supposed,  he  became  acquainted  with 
Brown,  returned  to  the  Ferry  and  married  there.  These  two  men,  with  Brown's 
two  sons,  were  the  only  white  men  connected  with  the  insurrection  that  had  been 
seen  about  the  Ferry.  All  the  rest  were  brought  by  Brown  from  a  distance,  and 
nearly  all  had  been  with  him  in  Kansas.  The  whole  party  numbered  seventeen 
wnite  men  and  five  negroes.  Among  them  were  Edwin  Coppie,  white,  and  Shields 
Green,  colored,  from  Iowa,  who  were  unhurt  ;  Aaron  Stephens,  from  Connecticut, 
Stuart  Taylor  and  J.  0.  Anderson,  a  fine  looking  man  with  a  flowing  white  beard. 
Anderson  was  for  some  time  supposed  to  be  the  leader  of  the  insurrection.  He 
made  his  appearance  at  the  Ferry  the  first  of  the  week,  with  a  very  heavy  trunk. 
Watsou   Brown,  son  of  old  Brown,  leaves  a  wife  iu  Essex  County,  New  York. 


80  THE   HARPER'S  FERRY  INSURREOTIOK 

Elbert  Haslett,  who  was  killed,  bad  in  his  pocket  an  empty  pocket-book  and  a  lock 
of  woman's  hair.  Lewis  Leary,  a  negro,  said  before  he  died  that  he  enlisted  with 
Capt.  Brown  for  the  insurrection  at  a  fair  held  in  Lorraine  County,  Ohio,  and 
received  the  money  to  pay  his  expenses.  They  all  came  down  to  Chambersburg, 
Pa.,  and  from  there  they  travelled  across  the  country  to  Brown's  farm. 

THE    FIRST    ACTIVE    MOVEMENT. 

The  first  active  movement  in  the  insurrection  was  made  at  about  half  past  ten 
o'clock  on  Sunday  night.  William  Williamson,  the  watchman  at  Harper's  Ferry 
bridge,  while  walking  across  toward  the  Maryland  side,  was  seized  by  a  number  of 
men  who  said  he  was  their  prisoner,  and  must  come  with  them.  He  recognized 
Brown  and  Cook  among  the  men,  and  knowing  them,  treated  the  matter  as  a  joke  ; 
but  enforcing  silence,  they  conducted  him  to  the  Armory,  which  he  fonnd  already  in 
their  possession.  He  was  detained  till  after  daylight,  and  then  discharged.  The 
watchman  who  M'as  to  relieve  Williamson  at  midnight  found  the  bridge  lights  all 
out,  and  was  immediately  seized.  Supposing  it  an  attempt  at  robbery,  he  broke 
away,  and  his  pursuers  stumbling  over  him,  he  escaped. 

ARREST    OF    COLONEL   WASHINGTON    AND    OTHERS. 

The  next  appearance  of  the  insurrectionists  was  at  the  house  of  Colonel  Lewis 
Washington,  a  large  farmer  and  slave-owner,  living  about  four  miles  from  the  Ferry. 
A  party,  headed  by  Cook,  proceeded  there,  and  rousing  Culonel  Washington,  told 
him  he  was  their  prisoner.  They  also  seized  all  the  slaves  near  the  house,  took  a 
carriage  horse,  and  a  larae  wagon  with  two  horses.  When  Colonel  Washington 
saw  Cook  he  immediately  recognized  him  as  the  man  who  had  called  upon  him  some 
months  previous,  to  whom  he  had  exhibited  some  valuable  arms  in  his  possession, 
including  an  antique  sword  presented  by  Frederick  the  Great  to  George  Washing- 
ton, and  a  pair  of  pistols  presented  by  Lafayette  to,^7^^^'"ffton,  both  being  heir- 
looms in  the  family.  Before  leaving.  Cook  wanted  Colonel  Washington  to  engage 
in  a  trial  of  skill  at  shooting,  and  exhibited  considerable  skill  as  a  marksman. 
When  he  made  the  visit  on  Sunday  night  he  alluded  to  his  previous  visit,  and  the 
courtesy  with  which  he  had  been  treated,  and  regretted  the  necessity  which  made 
it  his  duty  to  arrest  Colonel  AVashington.  He,  however,  took  advantage  of  the 
knowledge  he  had  obtained  by  his  former  visit  to  carry  off  the  valuable  arms, 
which  the  Colonel  did  not  reobtain  till  after  the  final  defeat  of  the  insurrection. 

From  Colonel  Washington's  he  proceeded  with  him  as  a  prisoner  in  the  carriage, 
and  twelve  of  his  negroes  in  the  wagon,  to  the  house  of  Mr.  Allstadt,  another  large 
farmer,  on  the  same  road.  Mr.  Allstadt  and  his  son,  a  lad  of  sixteen,  were  taken 
prisoners,  and  all  their  negroes  within  reach  forced  to  join  the  movement.  He  then 
returned  to  the  Armory  at  the  Ferry. 

THE  STOPPAGE  OF  THE  RAILROAD  TRAIN. 

At  the  upper  euu  of  the  town  the  mail  train  arrived  at  the  usual  hour,  when  a 
colored  man,  who  acted  as  assistant  to  the  baggage-master,  was  shot,  receiving  a 


THE   HARPER'S  FERRY  INSURRECTION,  81 

moiMal  wound,  and  the  conductor,  Mr.  Phelps,  was  threatened  with  violence  if  he 
attempted  to  proceed  with  the  train.  Feeling  uncertain  as  to  the  condition  of 
affairs,  the  conductor  waited  until  after  daylight  before  he  ventured  to  proceed, 
thus  delaying  the  train  six  hours. 

Lurlicr  Simpson,  baggage-master  of  ihe  mail-train,  gives  the  following  particu- 
lars :  I  walked  up  the  bridge  ;  was  stopped,  but  was  afterward  permitted  to  go  up 
and  see  the  captain  of  the  insurrectionists  ;  I  was  taken  to  the  Armory,  and  saw 
the  captain,  whose  name  is  Bill  Smith  ;  I  was  kept  prisoner  fur  more  than  an  hour, 
and  saw  from  five  to  six  hundred  negroes,  having  arms  :  there  were  two  or  three 
hundred  white  men  with  them  ;  all  the  houses  were  closed.  I  went  into  a  tavern 
kept  by  Mr.  Chambers  ;  thirty  of  the  inhabitants  were  collected  there  with  arms. 
They  said  most  of  the  inhabitants  had  left,  but  they  declined,  preferring  to  protect 
themselves.     It  was  reported  that  five  or  six  persons  had  been  shot. 

Mr.  Simpson  was  escorted  back  over  the  bridge  by  six  negroes. 


THE    STATE    OF    AFFAIRS    AT   DAYBREAK. 

It  was  not  till  the  town  thoroughly  waked  up,  and  found  the  bridge  guarded  by 
armed  men,  and  guards  stationed  at  all  the  avenues,  that  the  people  saw  that  they 
were  prisoners.  A  panic  appears  to  have  immediately  ensued,  and  the  number  of 
insurrectionists  was  at  once  largely  magnified.  In  the  mean  time  a  number  of  work- 
men, not  knowing  anything  of  what  had  occurred,  entered  the  Armory,  and  were 
successively  taken  prisoners,  until  at  one  time  they  had  not  less  than  sixty  men  con- 
fined in  the  Armory.  These  were  imprisoned  in  the  engine-house,  which  afterward 
became  the  chief  fortress  of  the  insurgents,  and  were  not  released  until  after  the 
final  assault.  The  workmen  were  imprisoned  in  a  large  building  further  down  the 
yard. 

EARLY    CASUALTIES. 

A  colored  man,  named  Hayward,  a  railroad  porter,  was  shot  early  in  the  morn- 
ing, it  is  said  for  refusing  to  join  in  the  movement. 

The  next  man  shot  was  Joseph  Boerley,  a  citizen  of  Perry,  He  was  standing  in 
his  own  door.  The  insurrectionists  by  this  time,  finding  a  disposition  to  resist  them 
had  nearly  all  withdrawn  within  the  Armory  grounds,  leaving  only  a  guard  on  the 
bridge. 

About  this  time,  also,  Samuel  P.  Young,  was  shot.  He  was  coming  into  town 
on  horseback,  carrying  a  gun,  when  he  was  fired  at  from  the  Armory,  receivin"-  a 
wound  of  which  he  died  during  the  day.     He  was  a  graduate  of  West  Point. 

ARRIVAL    OF   TROOPS FIRST   FIGHTING. 

At  about  noon,  the  Charlestown  troops,  under  command  of  Colonel  Robert  W. 
Baylor,  crossed  the  Susquehanna  River  some  distance  up,  and  marched  down  the 
Maryland  side  to  the  mouth  of  the  bridge.  Firing  a  volley,  they  made  a  gallant 
dash  across  the  bridge,  clearing  it  of  the  insurrectionists,  who  retreated  rapidly 


g2  THE  HAEPER'S  FEEEY  INSUEEECTIOF. 

down  toward  the  Armory.  In  this  movement  of  the  insurrectionists  a  man  named 
William  Thompson  was  taken  prisoner. 

An  eye-witness  describes  the  first  fighting  as  follows  : 

"  The  first  attack  was  made  by  a  detachment  of  the  Charlestown  Guards,  which 
crossed  the  Potomac  River  above  Harper's  Ferry,  and  reached  a  building  where 
the  iusargeuts  were  posted  by  the  canal,  on  the  Maryland  side.  Smart  firing 
occurred,  and  the  rioters  were  driven  from  the  bridge.  One  man  was  killed  here, 
and  another  was  arrested.  A  man  ran  out,  and  tried  to  escape  by  swiraraiug  the 
river ;  a  dozen  shots  were  fired  after  him  ;  he  partially  fell,  but  rose  again,  threw 
his  gun  away,  and  drew  his  pistols,  but  both  snapped  ;  he  drew  his  bowie-knife  and 
cut  his  heavy  accoutrements  off,  and  plunged  into  the  river  ;  one  of  the  soldiers 
was  about  ten  feet  behind  ;  the  man  turned  round,  threw  up  his  hands,  and  said, 
"  Don't  shoot !"  The  soldier  fired,  and  the  man  fell  into  the  water,  with  his  face 
blown  away.  His  coat-skirts  were  cut  from  his  person,  and  in  the  pockets  was 
found  a  captain's  commission,  to  Capt.  E.  H.  Leeman,  from  the  Provisional  Govern- 
ment. The  commission  was  dated  Oct.  15,  1859,  and  signed  by  A.  W.  Brown, 
Commander-in-Chief  of  the  army  of  the  Provisional  Government  of  the  United 
States.  A  party  of  five  of  the  insurrectionists,  armed  with  Minie  rifles  and  posted 
in  the  rifle  Armory,  were  expelled  by  the  Charlestown  Guards.  They  all  ran  for 
the  river,  and  one,  who  was  unable  to  swim,  was  drowned.  The  other  four  swam 
out  to  the  rocks  in  the  middle  of  the  Shenandoah,  and  fired  upon  the  citizens  and 
troops  upon  both  banks.  This  drew  upon  them  the  muskets  of  between  200  and 
300  men,  and  not  less  than  400  shots  "were  fired  at  them  from  Harper's  Ferry, 
about  200  yards  distant.  One  was  finally  shot  dead  ;  the  second,  a  negro, 
attempted  to  jump  over  the  dam,  but  fell  shot,  and  was  not  seen  afterward  ;  the 
third  was  badly  wounded,  and  the  remaining  one  was  taken  unharmed.  The  white 
insurgent,  wounded  and  captured,  died  in  a  few  moments  after,  in  the  arms  of  our 
informant ;  he  was  shot  through  the  breast  and  stomach.  He  declared  that  there 
■were  only  nineteen  whites  engaged  in  the  insurrection.  For  nearly  an  hour  a  running 
and  random  firing  was  kept  up  by  the  troops  against  the  rioters.  Several  were  shot 
down,  and  many  managed  to  limp  away  wounded.  During  the  firing  the  women  and 
children  ran  shrieking  in  every  direction,  but  when  they  learned  that  the  soldiers 
were  their  protectors  they  took  courage,  and  did  good  service  in  the  way  of  preparing 
refreshments  and  attending  the  wounded.  Our  informant,  who  was  on  the  hill  where 
the  firing  was  going  on,  says  all  the  terrible  scenes  of  a  battle  passed  in  reality  before 
his  eyes.  Soldiers  could  be  seen  pursuing,  singly  and  in  couples,  and  the  crack  of  a 
musket  or  rifle  was  generally  followed  by  one  or  more  of  the  insurgents  biting  the 
dust.     The  dead  lay  in  the  streets  where  they  fell.     The  wounded  were  cared  for. 

The  Shepherdstown  troops  next  arrived,  marching  down  the  Shenandoah  side, 
and  joining  the  Charlestown  forces  at  the  bridge.  A  desultory  exchange  of  shots 
followed,  one  of  which  struck  Mr.  Fontaine  Beckham,  mayor  of  the  town,  and 
agent  of  the  railroad  company,  entering  his  breast  and  passing  entirely  through  his 
body.  The  ball  was  a  large  elongated  slug,  and  made  a  dreadful  wound.  Mr. 
Beckham  died  almost  immediately.     He  was  without  fire-arms,  and  was  exposed  for 


THE  HARPER'S  FERRY  INSURRECTION.  'SS 

ouly  a  moment  while  approaching  a  water-station.  His  assailant,  one  of  Brown's 
sons,  was  shot  almost  iramediatel}'',  but  managed  to  get  back  to  the  engine-house, 
where  his  body  was  found  next  day. 

The  death  of  Mr.  Beckham  greatly  excited  the  populace,  who  immediately  raised 
a  cry  to  bring  out  the  prisoner,  Thompson.  He  was  brought  out  on  the  bridge, 
and  there  shot  down.  He  fell  into  the  water,  and  some  appearance  of  life  still 
remaining,  he  was  riddled  with  balls. 

RESCUE    OF   THE   WORKMEN. 

While  this  was  going  on,  the  Martinsburg  levies  arrived  at  the  upper  end  of  the 
town,  and  entering  the  Armory  grounds  by  the  rear,  made  an  attack  from  that 
side.  This  force  was  largely  composed  of  railroad  employees,  gathered  from  the  ton- 
nage trains  at  Martinsburg,  and  their  attack  was  generally  spoken  of  as  showing 
the  greatest  amount  of  fighting  pluck  exhibited  during  the  day.  Dashing  on,  firing 
and  cheering,  and  led  by  Captain  Alburtis,  they  carried  the  building  in  which  the 
Armory  men  were  imprisoned,  and  released  the  whole  of  them.  They  were,  how- 
ever but  poorly  armed,  some  with  pistols  and  others  with  shot-guns  ;  and  when  they 
came  within  range  of  the  engine-house,  where  the  elite  of  the  insurrectionists  were 
gathered,  and  were  exposed  to  the  rapid  and  dexterous  use  of  Sharpe's  rifles,  they 
were  forced  to  fall  back,  suffering  pretty  severely.  Conductor  Evans  Dorsey,  of 
Baltimore,  was  killed  instantly,  and  Conductor  George  Eichardson  received  a  wound 
from  which  he  died  during  the  day.  Several  others  were  wounded,  among  them  a 
son  of  Dr.  Hammond  of  Martinsburg. 

LATER   CASUALTIES. 

A  guerrilla  warfare  was  maintained  during  the  rest  of  the  day,  resulting  in  the 
killing  of  two  of  the  insurrectionists  and  the  wounding  of  a  third.  One  crawled  out 
through  a  culvert  leading  into  the  Potomac,  and  attempted  to  cross  to  the  Mary- 
land side.  He  was  shot  while  crossing  the  river,  and  fell  dead  on  the  rocks.  A 
light  mulatto  was  shot  just  outside  the  Armory  gate.  The  ball  went  through  the 
throat,  tearing  away  the  principal  arteries,  and  killing  him  instantly..  His  name  is 
not  known,  but  he  is  one  of  the  free  negroes  who  came  with  Brown.  His  body  was 
left  in  the  street  until  noon  yesterday,  exposed  to  every  indignity  that  could  be 
heaped  upon  it  by  the  excited  populace. 

At  this  time  a  tall,  powerful  man,  named  Aaron  Stephens,  came  out  from  the 
Armory,  conducting  some  prisoners,  it  was  said.  He  was  twice  shot — once  in  the 
side,  once  in  the  breast.  He  was  then  captured  and  taken  to  a  tavern,  and  after 
the  insurrection  was  quelled  was  turned  over  to  the  United  States  authorities  in  a 
precarious  condition.  During  the  afternoon  a  sharp  little  affair  took  place  on  the 
Shenandoah  side  of  the  town.  The  insurrectionists  had  also  seized  Hall's  rifle 
works,  and  a  party  of  their  assailants  found  their  way  in  through  a  mill-race  and 
dislodged  them. 

In  this  encounter,  it  was  said,  three  insurrectionists  were  killed,  but  only  one 
dead  body  was  found,  that  of  a  negro,  on  that  side  of  the  town.     Night  by  this 


84  THE  HAEPER'S  FERRY  IJTSURRECTIOK 

time  set  in,  and  operations  ceased.     Guards  were  placed  around  the  Armory,  and 
every  precaution  taken  to  prevent  escapes. 

THE    NIGHT    SCENES. 

At  11  o'clock  the  Monday  night  train,  with  Baltimore  military  and  marines, 
arrived  at  Sandy  Hook,  where  they  waited  for  the  arrival  of  Colonel  Lee,  deputized 
by  the  War  Department  to  take  the  command.  The  night  passed  without  any 
serious  alarms,  but  not  without  excitement.  The  marines  were  marched  over  imme- 
diately after  their  arrival,  when  Colonel  Lee  stationed  them  within  the  Armory 
grounds,  so  as  to  completely  surround  the  engine-house.  Occasionally  shots  were 
fired  by  country  volunteers,  but  what  for  was  not  ascertained.  There  was  only 
one  return  fire  from  the  insurgents. 

NEGOTIATIONS   NEXT   MORNING. 

Early  next  morning  a  door  was  opened  in  the  building  occupied  by  the  insur- 
gents, and  one  of  the  men  came  out  with  a  flag  of  truce,  and  delivered  what  was 
supposed  to  be  terms  of  capitulation.  Tlie  continued  preparations  for  assault 
showed  they  were  not  accepted.  Shortly  after  7  o'clock.  Lieutenant  E.  B.  Stuart,  of 
the  1st  Cavalry,  who  was  acting  as  aid  for  Colonel  Lee,  advanced  to  parley  with 
the  besieged,  Samuel  Strider,  Esq.,  old  and  respectable  citizen,  bearing  a  flag  of 
truce.  They  were  received  at  the  door  by  Capt.  Cook.  Lieutenant  Stuart 
demanded  an  unconditional  surrender,  only  promising  them  protection  from  imme- 
diate violence  and  a  trial  by  law.  Captain  Brown  refused  all  terms  but  those  pre- 
viously demanded,  which  were  substantially,  "  That  they  should  be  permitted  to 
march  out  with  their  men  and  arms,  taking  their  prisoners  with  them  ;  that  they 
should  proceed  unpursued  to  the  second  toll-gate,  when  they  would  free  their  priso- 
ners ;  the  soldiers  would  then  be  permitted  to  pursue  them,  and  they  would  fight 
if  they  could  not  escape."  Of  course,  this  was  refused,  and  Lieutenant  Stuart 
pressed  upon  Brown  his  desperate  position,  and  urged  a  surrender.  The  expostu- 
lation, though  beyond  ear-shot,  was  evidently  very  earnest.  At  this  moment  the 
interest  of  the  scene  was  most  intense.  The  volunteers  were  ranged  all  around 
the  building,  cutting  off  escape  in  every  direction.  The  marines,  divided  in  two 
squads,  were  ready  for  a  dash  at  the  door. 

THE    BUILDING    STORMED. 

Finally,  Lieutenant  Stuart,  having  failed  to  arrange  terms  with  the  determined 
Captain  Brown,  walked  slowly  from  the  door. 

Immediately  the  signal  for  attack  was  given,  and  the  marines,  headed  by  Colonel 
Harris  and  Lieutenant  Green,  advanced  in  two  lines  on  each  side  of  the  door.  Two 
powerful  fellows  sprung  between  the  lines,  and  with  heavy  sledge-hammers 
attempted  to  batter  down  the  door.  The  door  swung  and  swayed,  but  appeared  to 
be  secured  with  a  rope,  the  spring  of  which  deadened  the  effect  of  the  blows. 
Failing  thus,  they  took  hold  of  a  ladder,  some  forty  feet  long,  and  advancing  at  a 
run,  brought  it  with  tremendous  effect  against  the  door.     At  the  second  blow  it 


THE  HARPER'S  FERRY  INSURRECTIOlSr.  86 

gave  way,  one  leaf  falling  inward  in  a  slanting  position.  The  marines  immedi- 
ately advanced  to  the  breach,  Major  Russell  and  Lieutenant  Green  leading.  A 
marine  in  front  fell. 

The  firing  from  the  interior  was  rapid  and  sharp.  They  fired  with  deliberate 
aim,  and  for  a  moment  the  resistance  was  serious,  and  desperate  enough  to  excite 
the  spectators  to  something  like  a  pitch  of  frenzy.  The  next  moment  the  marines 
poured  in,  the  firing  ceased,  and  the  work  was  done  ;  in  the  assault  private  Rufiert 
of  the  marines  received  a  ball  in  the  stomach,  and  was  believed  to  be  fatally 
wounded.     Another  received  a  slisrht  flesh  wound. 


APPEARANCE    OF   THE    PRISONERS. 

When  the  insurgents  were  brought  out,  some  dead  and  others  wounded,  they 
were  greeted  vrith  execrations,  and  only  the  precautions  that  had  been  taken,  saved 
them  from  immediate"  execution.  The  crowd,  nearly  every  man  of  which  carried  a 
gun,  swayed  with  tumultuous  excitement,  and  cries  of  "  Shoot  them  i  shoot  them  1" 
rang  from  every  side.  The  appearance  of  the  liberated  prisoners,  all  of  whom 
through  the  steadiness  of  the  marines,  escaped  injury,  changed  the  current  of  feelino- 
and  prolonged  cheers  took  the  place  of  howls  and  execrations. 

The  lawn  in  front  of  the  engine-house,  after  the  assault  presented  a  dreadful 
sight.  Lying  on  it  were  two  bodies  of  men  killed  on  the  previous  day,  and  found  inside 
the  house  ;  three  wounded  men,  one  of  them  just  at  the  last  gasp  of  life,  and  two 
others  groaning  in  pain.  One  of  the  dead  was  Brown's  son,  Oliver.  The  wounded 
father  and  his  son  Watson,  were  lying  on  the  grass,  the  old  man  presenting  a  a'ory 
spectacle.  He  had  a  severe  bayonet  wound  in  his  side,  and  his  face  and  hair  were 
clotted  with  blood. 

brown's  conversation. 

A  short  time  after  CaiDtain  Brown  was  brought  out  he  revived  and  talked  earn- 
estly to  those  about  him,  defending  his  course  and  avowing  that  he  had  done  only 
what  was  right.  He  replied  to  questions  substantially  as  follows  :  "  Are  you  Cap- 
tain Brown,  of  Kansas  ?"  "  I  am  sometimes  called  so."'  "Are  you  Ossawatomie 
Brown  ?"  "  I  tried  to  do  my  duty  there."  "  What  was  your  present  object  ?" 
"  To  free  the  slaves  from  bondage."  "  Were  any  other  persons  but  those  with  you 
now,  connected  with  the  movement  ?"  "  No."  "  Did  you  expect  aid  from  the 
North  ?"  "  No  ;  there  was  no  one  connected  with  the  movement  but  those  who 
came  with  me."  "Did  you  expect  to  kill  people  in  order  to  carry  your  point  ?" 
"  I  did  not  wish  to  do  so,  but  you  force  us  to  it."  Various  questions  of  this  kind 
were  put  to  Captain  Brown,  which  he  answered  clearly  and  freely,  with  seeming 
anxiety  to  vindicate  himself. 

He  urged  that  he  had  the  town  at  his  mercy  ;  that  he  could  have  burned  it  and 
murdered  the  inhabitants,  but  did  not  ;  he  had  treated  the  prisoners  with 
courtesy,  and  complained  that  he  was  hunted  down  like  a  beast.  He  spoke  of  the 
killing  of  his  son,  which  he  alleged  was  done  while  bearing  a  flag  of  truce,  and 


.86  THE  HARPER'S  FERRY  INSURRECTIOK 

seemed  very  anxious  for  the  safety  of  his  wounded  son.  His  conversation  bore  the 
impression  of  the  conviction  that  whatever  he  had  done  to  free  slaves  was  rio-ht, 
and  that  in  the  warfare  in  which  he  was  engaged  he  was  entitled  to  be  treated  with 
all  the  respect  of  a  prisoner  of  war. 

He  seemed  fully  convinced  that  he  was  badly  treated,  and  had  a  right  to  com- 
plain. Although  at  first  considered  dying,  an  examination  of  his  wounds  proved 
that  they  were  not  necessarily  fatal.  He  expressed  a  desire  to  live  and  to  be  tried 
by  his  country.  In  his  pockets  nearly  $300  were  found  in  gold.  Several  important 
papers,  found  in  his  possession,  were  taken  charge  of  by  Col.  Lee,  on  behalf  of  the 
Government.  To  another.  Brown  said  it  was  no  part  of  his  purpose  to  seize  the 
public  arms.  He  had  arms  and  ammunition  enough  reshipped  from  Kansas.  He 
only  intended  to  make  the  first  demonstration  at  this  point,  when  he  expected  to 
receive  a  rapid  increase  of  the  allies  from  Abolitionists  everywhere  settled  through 
Maryland  and  Virginia,  suflScient  to  take  possession  of  both  States,  with  all  of  the 
negroes  they  could  capture.  He  did  not  expect  to  encounter  the  Federal  troops. 
He  had  only  a  general  idea  as  to  his  course  ;  it  was  to  be  a  general  southwest 
course  through  Virginia,  varying  as  circumstances  dictated  or  required.  Mr. 
Washington  reports  that  Brown  was  remarkably  cool  during  the  assault.  He  fell 
under  two  bayonet  wounds — one  in  the  groin,  and  one  in  the  breast,  and  four  sabre 
cuts  on  the  head.  During  the  fight  he  was  supposed  to  be  dead,  or  doubtless  he 
would  have  ibeen  shot.  He  was  not  touched  by  a  ball.  The  prisoners  also  state 
that  Brown  was  courteous  to  them,  and  did  not  ill-use  them,  and  made  no  abolition 
speech  to  them.  Coppie,  one  of  the  prisoners,  said  he  did  not  want  to  join  the 
expedition,  but  added  :  "  Ah,  you  gentlemen  don't  know  Capt.  Brown  ;  when  he 
calls  for  us  we  never  think  of  refusing  to  come." 


CAPTURE    OF   ARMS. 

During  Tuesday  morning,  one  of  Washington's  negroes  came  in  and  reported 
that  Captain  Cook  was  on  the  mountain,  only  three  miles  off ;  about  the  same  time 
some  shots  were  said  to  have  been  fired  from  the  Maryland  hills,  and  a  rapid  fusi- 
lade  was  returned  from  Harper's  Ferry.  The  Independent  Grays,  of  Baltimore, 
immediately  started  on  a  scouting  expedition,  and  in  two  hours  returned  with  two 
wagons  loaded  with  arms  and  ammunition,  found  at  Captain  Brown's  house. 

The  arms  consisted  of  boxes  filled  with  Sharpe's  rifles,  pistols,  etc.,  all  bearing 
the  stamp  of  the  Massachusetts  Manufacturing  Company,  Chicopee,  Mass.  There 
were  also  found  a  quantity  of  United  States  ammunition,  a  large  number  of  spears, 
sharp  iron  bowie  knives  fixed  upon  poles,  a  terrible  looking  weapon,  intended  for 
the  use  of  the  negroes,  with  spades,  pickaxes,  shovels,  and  everything  else  that 
might  be  needed  :  thus  proving  that  the  expedition  was  well  provided  for,  that  a 
large  party  of  men  were  .expected  to  be  armed,  and  that  abundant  means  had 
been  provided  to  pay  all  expenses. 

How  all  these  supplies  were  got  up  to  this  farm  without  attracting  observation 
is  very  strange.      They  are  supposed  to   have  been  brought   through   Pennsyl- 


THE  HARPEE'S  FERRY  INSURRECTION.  87 

vania.     The  Grays  pursued  Cook  so  fast  that  they  secured  part  of  his  arms,  but 
with  his  more  perfect  knowledge  of  localities  he  was  enabled  to  evade  them. 

TREATMENT    OF    BROWN's     PRISONERS. 

The  citizens  imprisoned  by  the  insurrectionists  all  testify  to  their  lenient  treat- 
ment. They  were  neither  tied  nor  insulted,  and  beyond  the  outrage  of  restricting 
their  liberty  were  not  ill-used.  Captain  Brown  was  always  courteous  to  them,  and 
at  all  times  assured  them  that  they  would  not  be  injured.  He  explained  his  pur- 
poses to  them,  and  while  he  had  them  (the  workmen)  in  confinement,  made  no 
abolition  speech  to  them.  Colonel  Washington  speaks  of  him  as  a  man  of  extra- 
ordinary nerve.  He  never  blanched  during  the  assault,  though  he  admitted  in  the 
night  that  escape  was  impossible,  and  that  he  would  have  to  die.  When  the  door 
was  broken  down,  one  of  his  men  exclaimed,  "I  surrender."  The  captain  imme- 
diately cried  out,  "  There's  one  surrenders — give  him  quarter  ;"  and  at  the  same 
moment  fired  his  own  rifle  at  the  door. 

During  the  previous  night  he  spoke  freely  with  Colonel  Washington,  and  referred 
to  his  sons.  He  said  he  had  lost  one  in  Kansas  and  two  here.  He  had  not  pressed 
them  to  join  him  in  the  expedition,  but  did  not  regret  their  loss — they  had  died  in  a 
glorious  cause. 

brown's  papers  and  stores. 
On  the  18th,  a  detachment  of  marines  and  some  volunteers  made  a  visit  to  Brown's 
house.  They  found  a  large  quantity  of  blankets,  boots,  shoes,  clothes,  tents, 
and  fifteen  hqndred  pikes,  with  large  blades.  They  also  discovered  a  carpet- 
bag, containing  documents  throwing  much  light  on  the  affair,  printed  constitutions 
and  by-laws  of  an  organization,  showing  or  indicating  ramifications  in  various 
States  of  the  Union.  They  also  found  letters  from  various  individuals  at  the 
North — one  from  t'red  Douglass,  containing  ten  dollars  from  a  lady  for  the  cause  ; 
also  a  letter  from  Gerrit  Smith,  about  money  matters,  and  a  check  or  draft  by 
him  for  $100,  indorsed  by  the  cashier  of  a  New  York  bank,  name  not  recollected. 
All  these  were  taken  by  Governor  Wise.  The  Governor  issued  a  proclamation 
offering  $1,000  reward  for  Cook. 

the  names  op  the  insurgents. 
The  names  of  all  the  parties  engaged  on  Sunday  night,  except  three  white  men 
whom  he  admits  he  sent  away  on  an  errand,  are  as  follows,  with  their  proper  titles 
under  the  Provisional  Government  : 

WHITES. 

OFFICERS    OF   THE    PARTY. 

General  John  Brown,  Commander-in-Chief,  wounded,  bat  will  recover. 
Captain  Oliver  Brown,  dead. 
Captain  Watson  Brown,  dead. 

Captain  Aaron  C.  Stephens,  of  Connecticut,  wounded  badly.  He  has  three 
balls,  and  cannot  possibly  recover. 

8 


88  THE  HAEPER'S  FEEEY  INSUEEEOTION'. 

Lieutenant  Edwin  Coppie,  of  Iowa,  unhurt. 
Lieutenant  Albert  Hazlitt,  of  Pennsylvania,  dead. 
Lieutenant  William  Leeman,  of  Maine,  dead. 
Captain  John  E.  Cook,  of  Connecticut,  escaped. 

PRIVATES. 

Stewart  Taylor,  of  Canada,  dead. 

Charles  P.  Tidd,  of  Maine,  dead. 

William  Thompson,  of  New  York,  dead. 

Adolph  Thompson,  of  New  York,  dead. 

Captain  John  Kagi,  of  Ohio,  raised  in  Virginia,  dead. 

Lieutenant  Jeremiah  Anderson,  of  Indiana,  dead. 

With  three  whites  preriously  sent  off,  making  seventeen  whites. 

NEGROES. 

Dangerfield,  newly.of  Ohio,  raised  in  Virginia,  dead. 

Emperor,  of  New  York,  raised  in  South  Carolina,  not  wounded,  but  a  prisoner. 
He  was  elected  a  member  of  the  Provisional  Government  some  time. since. 

Lewis  Leary,  of  Ohio,  raised  in  Virginia,  dead. 

Copland,  of  Ohio,  raised  in  Virginia,  not  wounded,  a  prisoner  at  Charlestown. 

The  insurrectionists  did  not  attempt  to  rob  the  paymaster's  department  at  the 
Armory.     A  large  amount  of  money  was  there,  but  it  was  not  disturbed. 

Perfect  order  having  been  restored,  the  military,  with  the  exception  of  the 
United  States  marines,  who  remained  in  charge  of  the  prisoners,  left  on  Tuesday 
in  various  trains  for  home. 

The  prisoners  were  taken  to  Charlestown  jail  for  safe  keeping. 

For  two  or  three  days  the  country  in  the  vicinity  of  the  outbreak  was  in  con- 
stant ,  excitement,  and  the  wildest  rumors  were  rife  of  the  terrible  doings  of 
Cook  and  other  more  imaginary  insurgents  ;  but  the  stories  afl  proved  false,  and 
before  the  dawn  of  the  Sabbath,  all  was  quiet. 

The  whole  number  of  killed  and  wounded  was  counted  up  as  follows  : — Killed,  six 
citizens  and  fifteen  insurgents  ;  wounded,  three  insurgents  ;  prisoners,  five. 

'.■.>3  9(i  Hti.: 


.vrio 


THE  HABPEE'S  FEKRY  INSUKREOTION.  89 


FACTS    AND    INCIDENTS. 


STATEMENT  OF  COL.  JOHN  A.  WASHINGTON. 

Col.  Joitn  A.  "Washington,  a  distant  relative  of  George  Washington,  and  who  was  taken 
prisoner  by  Oapt.  Brown,  makes  the  following  interesting  statement: 

Between  one  and  two  o'clock  on  Sunday  night,  I  was  in  my  bed  at  my  honse,  nve  or  six 
miles  from  Harper's  Ferry ;  I  was  awai<ened  by  hearing  my  name  called  in  the  hall ;  I 
supposed  it  was  some  friends  arrived,  who,  being  acquainted  with  the  house,  had  come  in 
through  the  kitchen  without  making  any  noi>e;  I  got  up  and  opened  the  door  into  the 
hall,  and  before  rae  stood  four  men,  three  armed  with  Sliarpe's  rifles,  levelled  and  cocked, 
and  the  fourth — this  man  Stephens — with  a  revolver  in  his  riglit  hand,  and  in  his  left  a 
lighted  flambeau,  made  of  pine  whittlings.  As  I  opened  the  door,  one  of  the  men  said: 
"  Is  your  name  Washington  ?"  Said  I,  "  That  is  my  name."  Perhaps  also  Cook,  who  wag 
of  the  crowd,  also  identified  rae,  as  he  told  me  afterward  he  was  taken  tliere  for  that 
), purpose.  I  was  then  told  that  I  was  a  prisoner,  and  one  of  them  said,  '"Don't  be 
friglitened."  I  replied,  "Do  you  see  anything  that  U)oks  like  fright  about  me?"  "  No," 
he  said,  "  I  only  want  to  say,  that  if  you  surrender  and  come  with  us  freely,  you  are  safe." 
I  told  them  I  understood  tliat  sufficiently,  and  there  was  no  necessity  for  further  expla- 
nation ;  but  I  was  struck  with  the  number  of  men  sent  against  me,  and  asked  w'-hat  need 
there  was  of  so  many,  as  there  was  no  danger  of  an  unarmed  man  in  his  night-shirt 
resisting  an  armed  force.  I  was  told  to  put  on  my  clothes,  and  of  course  complied. 
"Perhaps,"  said  I,  "  while,  I  am  dressing,  you  well  be  so  good  as  to  tell  me  what  all  this 
means?"  I  inquired  what  the  weather  was  outside,  and  one  of  them  advised  rae  to  put 
on  an  overcoat,  as  it  was  rather  chilly.  Anotiier  said  tliey  wanted  my  arras,  and  I 
opened  the  gun-closet  for  them  to  help  themselves.  Tliey  tlien  explained  their  mission, 
which  they  represented  to  be  purely  pliilanthropic,  to  wit,  the  emancipation  of  all  the 
slaves  in  the  country.  After  I  was  dressed,  Stephens  said  to  me,  "'Have  you  got  any 
money  ?"  I  replied,  "  I  wisli  I  had  a  great  deal."  "  Be  careful,  sir,"  said  lie.  I  told  him 
if  I  had  money  I  knew  how  to  take  care  of  it,  and  he  could  not  get  it.  Said  he,  "  Have 
you  a  watch?"  My  reply  was,  "I  have,  but  you  cannot  have  it.  You  have  set  your- 
selves up  as  great  moralists  and  liberators  of  slaves;  now  it  appears  that  you  are  robbers 
as  well."  "  Be  careful,  sir,"  said  he  again.  I  told  them  I  was  dressed  and  ready  to  go. 
They  bade  me  to  wait  a  sliort  time  and  ray  carriage  would  be  at  the  door.  They  had 
ordered  ray  carriage  for  me,  and  pryed  open  the  stable-door  to  get  it  out.  They  had 
harnessed  the  horses  on  tiie  wrong  side  of  eacii  other,  and  I  tried  to  induce  them  to  correct 
the  mistake,  which  tliey  did  after  driving  a  short  distance,  but  still,  being  harnessed 
wrong,  and  rather  spirited  animals,  they  would  not  work  well. 

My  servant,  whom  they  had  forced  along,  was  driving.  I  suspected  they  were  only 
robbers,  and  was  expecting  all  along  that  they  would  turn  off  at  some  point,  but  they 
drove  directly  to  the  armory.  Brown  came  out  and  invited  me  in,  saying  tliere  was  a 
comfortable  fire,  and  I  shortly  afterward  met  with  Mr.  Allstadt,  whom  they  had  arrested 
on  the  way  and  brought  along  in  my  busrgy  wagon.  While  coming  along,  the  horses 
being  restive,  1  got  out  and  walked  up  a  hill  with  one  of  the  men,  who  took  occasion  to 
ask  ray  views  on  the  subject  of  Slavery  in  the  abstract.  I  declined  an  argument  on  the 
subject,  but  he  still  pressed  it  upon  rae,  and  I  was  obliged  to  refuse  the  second  time. 

Brown  told  us  to  make  ourselves  comfortable,  and  added,  "  By  and  by  I  shall  reqniro 
each  of  you,  gentlemen,  to  write  to  some  of  your  friends  to  send  a  stoilt  negro  man  in 
your  place."  This  was  by  way  of  ransom.  He  told  us  he  must  see  the  letter  before  it 
was  sent,  and  he  tliought  after  tliis  was  effected  they  could  make  an  arrangement  by 
"which  we  could  return  home.     I  determined  in  my  own  mind  not  to  raako  the  requisition, 


40  THE  HAEPEE'S  FEEEY  INStJEEEOTIOK 

but  he  never  made  application  for  it,  having  other  matters,  before  the  day  expired, 
attracting  liis  attention. 

My  sword,  wliich  had  been  presented  by  Frederick  the  Great  to  General  Washington, 
was  taken  from  my  house,  with  other  arms.  Tliis  man  Cook  had  been  at  my  house  some 
time  before  and  seen  the  arms,  and  at  tljat  time  I  beat  him  at  sliooting,  and  lie  tohl  me  I 
was  the  best  shot  he  had  ever  met.  On  the  way  to  Harpei''s  Ferry  he  asked  me  if  I  had 
shot  any  since,  and  made  an  apology  for  being  with  this  party  after  being  so  well  treated 
by  me.  I  told  him  it  was  of  no  consequence  about  the  apology,  but  I  would  ask  one  favor 
of  iiim,  which  was  to  use  his  influence  to  have  returned  to  me  the  old  sword  and  an  old 
pistol,  which,  in  the  present  improved  state  of  arras,  were  only  valuable  in  consideration 
of  their  history.  He  promised  to  attend  to  it,  and  shortly  after  reaching  tlie  armory  I 
fiund  tlie  sword  in  Old  Brown's  hands.  Said  Brown,  "I  will  take  especial  care  of  it, 
and  I  shall  endeavor  to  return  it  to  you  after  you  are  i-eleased."  He  carried  the  sword  in 
his  hands  all  day  on  Monday,  until  after  the  arrival  of  tlie  military. 

Upon  the  first  announcement  of  the  arrival  of  the  militia.  Brown  came  into  the  room  and 
picked  out  ten  of  us,  whom  ho  supposed  to  be  the  most  prominent  men.  He  told  us  we 
might  be  assured  of  good  treatment,  because,  in  case  he  got  the  worst  of  it  in  tlie  fight,  the 
possession  of  us  would  be  of  service  in  procuring  good  terms;  we  could  exercise  great 
influence  with  our  fellow-citizens ;  and  as  for  me,  he  ]<nevv  if  I  was  out  I  should  do  my  duty, 
and,  in  my  position  as  aid  to  the  Governor  I  sliould  be  a  most  dangerous  foe.  Then  we 
were  taken  into  the  engine-house  and  closely  confined.  Two  of  our  number  went  back- 
ward and  forward  repeatedly  to  confer  with  citizens  during  the  negotiations,  and  finally 
remained  out  altogether,  leaving,  the  eight  wlio  were  in-ide  when  the  building  was 
assaulted  and  captured  by  the  marines.  During  Monday  various  terms  of  capitulation 
were  proposed  and  refused,  and  at  night  we  requested  our  friends  to  cease  firing  during 
the  night,  as,  if  the  place  should  be  stormed  in  the  dark,  friends  and  foes  would  have  to 
share  alike.  In  tiie  morning  Capt.  Sinims,  of  Frederick,  announced  the  arrival  of  the 
United  States  Marines.  During  the  night  he  had  brought  in  Dr.  Tayh)r,  of  Frederick,  to 
look  at  tlie  wounds  of  old  Brown's  son.  The  surgeon  looked  at  the  man,  and  promised 
to  attend  him  again  in  tlie  morning  if  practicable,  but  about  the  time  he  was  expected 
hostilities  had  commenced. 

Ool.  Lee,  who  commanded  the  United  States  forces,  sent  up  Lieut.  Stuart  to  announce 
to  Brown  that  the  only  terms  he  would  otfer  for  surrender  were,  that  he  and  his  men 
should  be  taken  to  a  place  of  safety  and  kept  unmolested  until  the  will  of  the  President 
could  be  a-icertained.  Brown's  reply  was  to  the  effect  that  he  could  expect  no  leniency, 
and  he  would  sell  his  life  as  dearly  as  possible.  A  few  minutes  later  the  place  was 
assaulted  and  taken.  Injustice  to  Brown,  I  will  say  that  he  advised  the  prisoners  to  keep 
well  under  shelter  during  the  firing,  and  at  no  time  did  he  threaten  to  massacre  us  or  place 
us  in  front  in  case  of  assault.  It  was  evident  he  did  not  expect  the  attack  so  soon.  There 
was  no  cry  of  "  surrender  "  by  his  party  except  from  one  young  man,  and  tlien  Brown 
said,  "  Only  one  surrenders."  This  fellow,  after  he  saw  the  marines,  said  he  would  prefer 
to  take  his  chance  of  a  trial  at  Washington.  He  had  taken  his  position,  and  fireil  one  or  two 
shots,  when  he  cried  "surrender."  There  were  four  of  Brown's  party  able  to  fight  wlien 
the  marines  attacked,  besides  a  negro,  making  five  in  all.  This  negro  was  very  bold  at 
first,  but  when  the  assault  was  made,  he  took  off  his  accoutrements,  and  tried  to  mingle 
with  tlie  prisoners,  and  pass  himself  oif  as  one  of  tliem.  I  handed  him  over  to  the  marines 
at  once,  saying  he  was  a  prisoner  at  all  events. 


MILITAEY  OFFICIAL  ACCOUNT. 

Ool.  Eobert  W.  Baylor,  the  officer  in  command  of  the  Virginia  troops  engaged  in  tlio 
capture  of  Brown  and  his  men,  made  the  following  official  report  to  Governor  Wise : 

Harper's  Ferrt,  Oct.  18,  1859. 
Henry  A.  Wise,  Governor  of  Virginia; 

Sir — Your  order,  per  telegraph,  dated  Eichraond,  Va.,  the  I7th  instant,  calling  my 
attention  to  section  1st,  chapter  29th,  of  the  Code,  and  to  the  fact  tl^at  the  Arsenal,  and 
government  property  at  Harper's  Ferry  were  in  possession  of  a  band  of  rioters,  was  not 
received  till  about  11  o'clock  a.m.  to-day,  in  consequence  of  the  telegraphic  posts  round 
about  here  having  been  cut  down  by  an  audacious  band  of  insurgents  and  robbers. 

On  tlie  morning  of  tlie  17th  inst.,  I  received  information  at  Charlestown  that  a  bandl 
of  abolitionists  from  the  North  had  taken  possession  of  the  Arsenal  and  workshops  of  thei 


% 


THE  HARPER'S  FERRY  INSURRECTION.  41 

government  located  liere;  that  they  had  killed  several  of  our  citizens,  taken  others  and 
held  tliein  as  prisoners,  and  that  they  liad  in  possession  a  large  number  of  slaves,  who,  on 
the  night  of  the  16th  inst.,  were  forcibly  taken  from  tlieir  masters. 

I  iinmediately  ordered  out  tlie  ''Jefferson  Guard"  and  tlie  citizens  of  Cliarlestown, 
whicli  order  was  quickly  resjjonded  to,  and  by  ten  o'clock  a.m.  tliey  were  armed  and 
611  route  for  this  place.  We  left  Charle^town  with  about  one  hundred  men,  and  on 
reaching  Halltown  (midway  between  Charlestowu  and  Harper's  Ferry),  we  learned  that 
the  insurgents  were  in  large  numbers,  and  we  at  once  dispatclied  orders  to  Col.  L.  F. 
Moore,  of  Frederick  County,  and  to  the  "  Hamtramck  Guards"  and  "  Shepherdstown 
Troop  "  to  reinforce  immediately.  We  reached  Harper's  Ferry  about  half-past  eleven 
o'clock,  A.M.,  and  took  our  position  on  Camp  Hill.  We  immediately  dispatclied  the 
"  Jefferson  Guards,"  commanded  by  Capt.  J.  W.  Rowan  and  Lieutenants  H.  B.  Daven- 
port, E.  n.  Campbell  and  W.  B.  Gallaher,  to  cross  the  Potomac  River  about  a  mile  west 
of  the  Ferrj',  and  march  down  on  the  Maryland  side  and  take  possession  of  tlie  Potomac 
bridge;  and  a  company  of  the  citizens  of  Ciiarlestowu  and  vicinity,  commanded  by  Capt. 
L.  Botts  and  Lieut.  F.  Lackland,  to  cross  the  Winchester  and  Potomac  railroad  by  way 
of  Jefferson's  Rock,  to  take  possession  of  the  Gait  House,  in  the  rear  of  the  Arsenal,  and 
commanding  the  entrance  to  the  Armory  yard.  Capt.  John  Avis  and  R.  B.  Washington, 
Esq.,  witli  a  liandful  of  men,  were  ordered  to  take  possession  of  the  houses  commanding 
tlie  yard  of  the  Arsenal.     All  these  orders  were  promptly  and  successfully  executed. 

Tlie  bridge  across  tlie  Shenandoah  River  and  tliat  of  the  Baltimore  and  Ohio  railroad, 
at  tlie  west  end  of  the  trestle  work,  and  the  street  leading  from  the  rifle  factory,  were 
guarded  by  small  detachments  of  men. 

Between  three  and  four  o'clock  p.m.,  the  Hamtramck  Guards,  Shepherstown  Troop,  and 
a  company  from  Martinsburg,  commanded  by  Cnpt.  E.  Albiirtis,  arrived  on  the  ground. 
The  company  from  Winchester,  commanded  by  Capt.  R.  B.  Washington,  did  not  arrive 
till  late  in  the  evening. 

All  tlie  insurgents,  save  those  who  were  killed  and  wounded  through  the  day,  retired 
with  their  prisoners  into  tlie  guard-house  and  engine-room,  just  inside  of  the  gate  of  the 
armory  yard,  which  was  firndy  locked.  About  three  o'clock  p.m.,  the  enemy,  with  the 
most  prominent  of  their  prisoners,  concentrated  in  the  engine-room,  leaving  a  large  num- 
ber of  tlieir  prisoners  fastened  up  in  the  guard-house.  At  this  point,  and  after  the  arrival 
of  the  reinforcements  from  Shepherdstown  and  Martinsburg,  Col.  R.  W.  Baylor  assumed 
the  command,  and  will  furnish  you  with  the  details  of  what  followed. 

The  avowed  and  confessed  object  of  the  insurgents  was  to  free  the  slaves  of  the  South. 
They  had  at  their  head-quarters,  near  Harper's  Ferry,  200  Sharpe's  rifles,  200  revolvers, 
1,000  pikes,  a  large  number  of  picks  and  shovels,  and  a  great  quantity  of  ammunition  and 
other  things  used  in  war.  All  these  were  taken  and  are  in  possession  of  the  federal 
government. 

Jno.  Thos.  Gibsobt, 

Com'dt  55th  Regiment. 

Charlestowu,  Oct.  22,  1859. 
Hon.  Henry  A.  Wise,  Governor  of  Virginia : 

Sir — Having  received  intelligence  from  Harper's  Ferry  on  the  morning  of  the  17th 
instant  that  the  abolitionists  had  invaded  our  State,  taken  possession  of  the  town,  govern- 
ment property  and  arms,  I  immediately  proceeded  to  the  scene  of  action.  In  passing 
through  Cliarlestown,  I  met  Colonel  Gibson,  with  the  Jefferson  Guards,  under  arms.  We 
proceeded  to  Halltown  in  tlie  cars,  where  the  citizens  of  that  place  informed  me  I  could 
proceed  no  further  with  the  train,  as  not  only  the  Winchester  but  also  the  Baltimore  and 
Ohio  Railroad  track  had  been  taken  up.  At  this  place  I  learned  they  had  taken  seventy- 
five  or  one  hundred  of  our  citizens  prisoners,  and  had  carried  off  many  of  our  slaves. 
Thereupon  I  issued  the  following  order  to  Col.  L.  T.  Moore,  of  the  Thirty-first  regiment 
of  Virginia  militia : 

''October  IV,  1859. 
"Col.  L.  T,  Moore:  Sir — You  are  ordered  to  muster  all  the  volunteer  forces  under 
your  command,  fully  armed  and  equipped,  and  report  to  me  forthwith  at  Harper's  Ferry. 

"  Robert  W.  Baylor, 
"  Col.  Third  regiment  Cavalry." 

I  placed  the  above  order  in  charge  of  Capt.  Bailey,  the  conductor  on  the  Winchester 
road,  and  directed  him  to  return  with  his  train  to  Winchester,  and  deliver  the  order  to 


42  THE  HARPER'S  FERRY  INSURRECTION. 

Col.  Moore.  I  proceeded  on,  with  tlie  few  troops  we  had  under  arms,  on  foot  to  Harper's 
Ferrv,  where  wc  arrived  about  12  o'clock.  I  found  the  citizens  in  very  great  excitement. 
Bv  this  time  tiie  insurgents  occupied  all  the  lower  part  of  the  toAvn,  had  tiieir  sentinels 
posted  on  all  the  different  streets,  and  had  shot  one  of  our  citizens  and  a  negro  man  who 
had  charge  of  the  depot  on  the  Baltimore  and  Ohio  Railroad.  I  here  formed  two  com- 
panies of  the  citizens,  and  placed  them  under  the  command  of  Captain  Lawsun  Botts  and 
Captain  John  Avis.  Tlieir  forces  were  variously  estimated  from  300  to  500  strong,  armed 
with  Sliarpe's  rifles  and  revolvers. 

T  detaclied  the  Jefferson  Guards,  under  the  command  of  Capt.  Rowan,  and  ordered 
them  to  cross  the  Potnmac  River  in  boats,  about  two  miles  above  Harper's  Ferry,  and 
march  down  on  the  Maryland  side,  and  take  possession  cf  the  bridge,  and  permit  no  one 
to  pass.  This  order  was  strictly  executed.  The  command  under  Cai)t.  Botts  was  ordered 
to  pass  down  the  hill  below  Jefferson's  Rock  and  take  possession  of  the  Sbenaiyloah 
bri(lge,  to  leave  t  strong  guard  at  that  point,  and  to  march  down  to  the  Gait  House,  in 
rear  of  the  Arsenal  building,  in  which  we  supposed  their  men  were  lodged.  Captain 
Avis' command  was  ordered  to  take  possession  of  the  houses  directly  in  front  of  the 
Arsenal.  Both  of  the  above  commands  were  promptly  executed.  By  this  movement  we 
prevented  any  escape.  Shortly  after  this,  a  report  reached  me  that  Geo.  TV.  Turner  and 
Fontaine  Beckham,  two  of  our  most  e-teemed  citizens,  had  been  shot.  About  four  o'clock 
we  were  reinforced  by  the  arrival  of  the  Hamtramck  Guards,  under  the  command  of 
Captain  Butler;  the  Shepherdstown  Troop,  under  the  command  of  Captain  Reinhart,  and 
some  thirty  citizens  of  Marti nsburg,  under  the  conmiand  of  Captain  Alburtis.  I  ordered 
Captain  Alburtis  to  march  down  Potomac  street  through  the  Armory  yard  to  the 
Arsenal.  The  Hamtramck  Guards  and  the  Shepherdstown  Troop  (dismounted  and  armed 
with  muskets),  utider  my  command,  proceed  down  High  street  to  the  centre  of  the  town, 
in  front  of  the  Arsenal.  During  this  march,  the  insurgents,  having  secreted  themselves 
in  the  engine-house  in  the  Armory  yard,  opened  a  brisk  fire  on  Captain  Alburtis'  com- 
pany. The  fire  was  quickly  returned  by  Captain  Alburtis'  companj^  who  behaved  very 
bravely.     The  different  companies  near  at  hand  rallied  to  Captain  Alburtis'  rescue. 

The  firing  at  this  time  was  heavj^,  and  the  insurgents  could  not  have  retained  their 
position  many  minutes,  wiien  they  pre.sented  at  the  door  a  white  flag.  The  firing  there- 
upon ceased,  and  I  ordered  the  troops  to  draw  up  in  line  in  front  of  the  Arsenal.  During 
this  engagement  and  tiie  previous  skirmishes,  we  had  ten  men  wounded,  two  I  fear  mor- 
tally. The  insurgents  had  eleven  killed,  one  mortally  wounded,  and  two  taken  prisoners, 
leaving  only  five  in  the  engine-house,  and  one  of  them  seriously  wounded. 

Iti  this  engagement,  we  rescued  about  thirty  of  our  citizens,  whom  they  held  as 
prisoners  in  the  guard-house ;  they  still  held  in  the  engine-house,  ten  citizens  and  five 
slaves. 

Immediately  after  the  troops  were  withdrawn,  Capt.  Brown  sent  to  me,  through  Isaac 
Russell,  one  of  their  prisoners,  a  verbal  communication,  stating  if  I  w^ould  permit,  him  to 
cross  the  bridge  with  his  prisoners  to  some  point  beyond  he  would  set' them  at  liberty.  I 
sent  him  the  following  reply  in  writing : 

"  Headquarters,  Harper's  Ferry. 
"  Capt.  John  Bro-wtst  : 

"Sir — Upon  consultation  with  Mr.  Isaac  Russell,  one  of  your  prisoners,  who  has  come 
to  me  on  terms  of  capitulation,  I  say  to  you,  if  you  will  set  at  liberty  our  citizens,  we  will 
leave  i:lie  government  to  deal  with  you  concerning  their  property  as  it  may  think  most 
advisable. 

'.'  RoBEET  W.  Baylor, 

"  Col.  Commandant." 

In  reply,  I  received  the  following  answer  in  writing: 

''  Capt.  John  Brown,  answers  : 

"  In^  consideration  of  all  my  men,  whiether  living  or  dead,  oT  wounded,  being  soon 
safely  in,  and  <lelivered  up  to  me  at  this  point,  with  all  their  arms  and  ammunition,  Mf« 
will  tiien  take  our  i)risoners  and  cross  tlie  Potomac  bridge,  a  little  beyond  wliich  we  will 
set  them  at  liberty;  after  which  we  can  negotiate  about  the  government  property  as  mi' 
be  best.     Also,  we  require  the  delivery  of  our  horse  and  harness  at  the  hotel 


"  John  Beown."' 


To  tlie  above,  I  returned  the  following  answer: 


THE  HARPER'S  FERRY  INSURRECTION.  48 

"  Headquartkbs. 
"  Oapt.  John  Bkown  : 

"Sir. — The  terms  you  proposed  I  cannot  accept.  Under  no  consideration  will  I 
consent  to  a  removal  of  our  citizens  across  the  river.  The  only  negotiations  upon  which 
I  will  consent  to  treat,  are  those  which  have  heen  pi'eviously  proposed  to  you. 

"  Robert  W.  Baylor, 

"  Col.  Commandant." 

These  terms  he  declined.  Night  by  this  time  had  set  in,  and  the  weather  being  very 
inclement,  I  thought  it  best,  for  the  safety  of  our  citizens  whom  they  held  as  prisoners,  to 
cease  operations  for  the  niglit.  Should  I  have  ordered  an  attack  at  that  hour,  and  in 
total  darkness,  our  troops  would  have  been  as  likely  to  have  murdered  our  own  citizens 
as  the  insurgents,  all  being  in  the  same  apartment.  Having  concluded  to  postpone 
another  attack  until  morning,  guards  were  posted  around  the  Armory,  and  every  pre- 
caution taken  to  prevent  escape.  Our  troops  by  this  time  required  some  refreshment, 
having  been  on  active  duty  and  exposed  to  a  heavy  fall  of  rain  all  day.  A  little  after 
night  we  were  reinforced  by  Colonel  L.  T.  Moore,  of  the  Thirty-first  regiment,  having 
under  liis  command  the  Continental  Guards,  commanded  by  Captain  "Washington,  and  the 
Rifles,  commanded  by  Captain  Clarke  ;  also,  three  companies  from  Frederick,  Maryhxnd, 
under  tlie  command  of  Colonel  Shiver.  About  twelve  o'clock.  Colonel  Lee  arrived,  hav- 
ing under  his  command  eighty-five  marines  from  "Wasliington.  The  government  troops 
took  possession  of  the  government  property  and  formed  inside  of  the  Armory  yard,  in 
close  proximity  to  the  engine-house.  In  this  position  Colonel  Lee  thought  it  best  to 
remain  until  morning.  The  night  passed  without  serious  alarm,  but  not  without  intense 
excitement.  It  was  agreed  between  Colonel  Lee  and  myself  that  the  volunteer  forces 
should  form  around  on  the  outside  of  the  government  property,  and  clear  tlie  streets  of 
all  citizens  and  spectators,  to  prevent  tliem  firing  random  sliots,  to  the  great  danger  of  our 
soldiers,  and  to  remain  in  that  position  whilst  he  would  attack  tlie  engine-house  with  his 
marines.  As  soon  as  day  dawned,  the  troops  were  drawn  up  in  accordance  with  the 
above  arrangement.  After  which  Colonel  Lee  demanded  of  the  insurgents  to  surrender 
upon  the  terms  I  iiad  before  proposed  to  tliem,  which  they  still  declined.  The  marines 
w^re  then  ordered  to  force  the  doors.  The  attempt  was  made  with  heavy  sledges,  but 
proved  iueifectual.  They  were  then  ordered  to  attack  the  doors  with  a  lieavy  ladder 
whicli  was  lying  a  short  distance  off.  After  two  powerful  efforts,  the  door  was  shattered 
sufficiently  to  obtain  an  entrance.  Immediately  a  lieavy  vulley  was  fired  in  by  the 
marines,  and  an  entrance  effected,  which  soon  terminated  the  conflict.  In  this  engage- 
ment, the  marines  had  one  killed  and  one  slightly  wounded.  The  insurgents  had  two 
killed  and  three  taken  prisoners.  After  the  firing  ceased,  the  imprisoned  citizens  walked 
out  unhurt. 

Ascertaining  that  the  whole  party  within  the  town  were  either  killed  or  taken  prison- 
ers, 1  disbanded  all  the  troops,  witli  the  exception  of  the  Jefferson  Guard,  whom  I 
retained  on  duty  to  prevent  any  further  disturbances  should  tliey  arise. 

About  twelve  o'clock  on  Tuesday,  information  having  been  received  that  a  large  num- 
ber of  arms  were  secreted  in  a  house  in  the  mountain,  the  Independent  Grays,  of  Balti- 
more, were  dispatched  to  search  for  them.  They  returned  about  six  o'cloclf,  having 
found  two  hundred  Sharpe's  rifles,  two  hundred  revolvers,  twenty-three  thousand  per- 
cussion caps,  one  hundred  thousand  percussion  pistol  caps,  ten  kegs  of  gunpowder,  thir- 
teen thousand  ball  cartridges  for  Sharpe's  rifles,  one  n'.ajorvgeneral's  sword,  fifteen  hun- 
dred pikes,  and  a  large  assortment  of  blankets  and  clothing  of  every  description.  On 
"Wednesday  the  prisoners  were  placed  in  the  custody  of  the  sheriff  of  our  county,  and 
safely  lodged  in  jail.  Disturbances  still  occurring  on  the  Maryland  side  of  the  river,  I 
marched  tiie  Jefterson  Guard  over  and  made  a  thorougli  examination  of  their  rendezvous; 
found  h  deserted  and  everything  quiet.  "We  returned  about  six  o'clock  to  the  Ferry ; 
shortly  after  there  was  another  general  alarm,  which  caused  great  excitement. 

The  alarm  was  occasioned  by  a  gentleman,  residing  in  Pleasant  "VaUey,  riding  into  town 
in  great  haste,  stating  that  he  saw  firing  and  heard  the  screams  of  the  people,  and  that  a 
large  number  of  insurgents  had  collected  and  were  murdering  all  before  them.  Forth- 
with Col.  Lee,  with  thirty  marines,  proceeded  to  the  spot,  and  the  Jefferson  Guards  took 
posses>:ion  of  the  bridge.  In  about  three  hours  Col.  Lee  returned,  the  alarm  having 
proved  to  have  been  false. 

Notliing  further  having  occurred  daring  the  night  to  disturb  the  quiet  of  the  town,  on 
the  following  morning  I  disbanded  the  company  and  returned  home. 


U  THE  HARPER'S  FERRY  I^SURRECTIOK 

I  feel  it  my  duty,  before  closing  this  report,  to  state  that  the  arms  in  the  possession  of 
the  volunteer  companies  in  this  section  of  tiie  State  are  almost  worthless.  I  do  not  think 
"we  have  100  muskets  in  the  county  of  Jefferson,  a  border  county,  and  one  of  the  most 
exposed  of  all  others.  With  such  arms  as  we  fiave,  it  is  butcliery  to  require  our  troopa 
to  face  an  enemy  much  better  equipped.  Colonel  Moore,  of  the  Thirty-first  regiment, 
informs  me  in  his  report,  that,  out  of  one  hundred  and  tliirty-five  men  on  duty,  he  liad  not 
tliirty  pieces  that  would  fire  with  any  effect.  If  the  State  expects  her  volunteers  to  pro- 
tect her,  she  must  arm  them  better. 

Knowing  the  great  interest  that  will  be  felt  throughout  the  State,  and  to  vindicate  the 
honor  and  valor  of  the  troops  under  my  command,  I  have  been  more  than  necessarily 
minute  in  this  report.  I  am  pleased  to  inform  you,  that  they  obeyed  every  order  with 
alacrity,  and  with  a  full  determination  to  do  their  duty. 

The  prisoners  are  doing  well,  and  I  do  not  fear  any  attempt  will  be  made  to  rescue 
them,  or  that  any  further  disturbances  will  occur. 

1  have  the  honor  to  be,  very  respectfully, 

RoBEET  W.  Baylor, 
Col.  Commanding  the  Va.  Troops  at  Harper's  Ferry. 


A  CONYERSATION  WITH  BROWN". 

One  of  that  ubiquitous  class  of  persevering  inquirers  known  as  Reporters  visited 
Harper's  Ferry  on  the  18th  and  19th  of  October,  and  was  present  at  an  interview  between 
Senator  Mason,  Congressman  Yallandigham,  and  the  prisoner.  Brown.  The  Reporter 
writes  as  follows : 

Harper's  Ferry,  Oct.  19,  1859. 

"Old  Brown,"  or  "  Ossawatomie  Brown,"  as  he  is  often  called,  the  hero  of  a  dozen 
fights  or  so  with  the  "  border  ruffians  "  of  Missouri,  in  the  days  of  "  bleeding  Kansas,"  is 
the  head  and  front  of  this  offending — the  commander  of  the  filibuster  army.  His  wounds, 
which  at  first  were  supposed  to  be  mortal,  turn  out  to  be  mere  flesli-wounds  and  scratches, 
not  dangerous  in  their  character.  He  has  been  removed,  together  with  Stephens,  the 
other  wounded  prisoner,  from  the  engine-room  to  the  office  of  the  Armory,  and  they  now 
lie  on  tlie  floor,  upon  miserable  shake-downs,  covered  with  some  old  bedding. 

Bi'own  is  fifty-five  years  of  age,  rather  small-sized,  with  keen  and  restless  grey  eyes, 
and  a  grizzly  beard  and  hair.  He  is  a  wiry,  active  man,  and,  should  the  slightest  cliance 
for  an  escape  be  afforded,  there  is  no  doubt  that  he  will  yet  give  Ids  captors  much  trouble. 
His  hair  is  matted  and  tangled,  and  his  face,  liands,  and  clothes,  all  smouched  and  smeared 
with  blood.  Colonel  Lee  stated  that  he  would  exclude  all  visitors  from  the  room  if  the 
wounded  men  were  annoyed  or  pained  by  them,  but  Brown  said  he  was  by  no  means 
annoyed ;  on  the  contrary,  he  was  glad  to  be  able  to  make  himself  and  his  motives  clearly 
understood.  He  converses  freely,  fluently  and  cheerfully,  without  the  sliglitest  manifesta- 
tion of  fear  or  uneasiness,  evidently  weighing  well  his  words,  and  possessing  a  good  com- 
mand of  language.  His  manner  is  courteous  and  aftable,  and  he  appears  to  make  a 
favorable  impression  upon  his  auditory,  which,  during  most  of  the  day  yesterday,  averaged 
about  ten  or  a  dozen  men. 

When  I  arrived  in  the  Arftiory,  shortly  after  two  o'clock  in  the  aftei-noon,  Brown  was 
answering  questions  put  to  him  by  Senator  Mason,  who  had  just  arrived  from  his  residence 
at  Winchester,  thirty  miles  distant,  Col.  Faulkner,  member  of  Congress,  who  lives  but  a 
few  miles  off,  Mr.  Yallandigham,  member  of  Congress  of  Ohio,  and  several  otlier  distin- 
guished gentlemen.     The  following  is  a  veriatim  report  of  the  conversation  : 

Mr.  Mason — Can  you  tell  us,  at  least,  who  furnished  money  for  your  expedition  ? 

Mr.  Brown — I  furnished  most  of  it  myself.  I  cannot  implicate  others.  It  is  by  my 
own  folly  that  I  have  been  taken.  I  could  easily  have  saved  myself  from  it  had  I  exer- 
cised my  own  better  judgment,  rather  than  yielded  to  my  feelings. 

Mr.  Mason — You  mean  if  you  had  escaped  immediately? 

Mr.  Brown— No;  I  had  the  means  to  make  myself  secure  without  any  escape,  but  I 
allowed  myself  to  be  surrounded  by  a  force  by  being  too  tardy. 

Mr.  Mason — Tardy  in  getting  away? 

Mr.  Brown — I  should  have  gone  away,  but  I  had  thirty  odd  prisoners,  whose  wives 
and  daughters  were  in  tears  for  their  safety,  and  I  felt  for  them.    Besides,  I  wanted  to 


THE  HARPER'S  FERRY  INSURRECTION".  45 

allny  the  fears  of  those  who  believed  we  came  liere  to  bnrn  and  kill.  For  this  reason  I 
allowed  tlie  train  to  cross  tlie  bridge,  and  gave  them  full  liberty  to  pass  on.  I  did  it  only 
to  spare  the  feelings  of  those  passengers  and  their  families,  and  to  allay  the  api)reliensi()ns 
that  you  had  got  here  in  3'oui-  vicinity  a  band  of  men  who  had  no  regard  for  life  and  pro- 
perty, nor  any  feeling  of  Inimanityi 

Mr.  Mason — But  you  killed  some  people  passing  along  the  streets  quietly. 

Mr.  BiiowN — \Vell,  sir,  if  tliere  was  anything  of  that  kind  done,  it  was  without  my 
knowledge.  Your  own  citizens,  who  were  my  prisoners,  will  till  you  tliat  every  possible 
means  were  taken  to  prevent  it.  I  did  not  allow  my  men  to  fire,  nor  even  to  ri'turn  a 
fire,  when  tliere  was  danger  of  killing  those  we  regarded  as  innocent  persons,  if  1  could 
help  it.  They  will  tell  you  that  we  allowed  ourselves  to  be  fired  at  reiieatedly  and  did 
not  return  it. 

A  Bystander — That  is  not  so.  You  killed  an  unarmed  man  at  the  corner  of  the  house 
over  there  (at  the  water  tank)  and  another  besides. 

Mr.  Brown — St-e  here,  my  friend,  it  is  useless  to  dispute  or  contradict  the  report  of 
your  own  neighbors  who  were  my  prisoners. 

Mr.  Mason — If  you  would  tell  ns  wl:o  sent  you  here — who  provided  the  means — that 
would  be  information  of  some  value. 

Mr.  Brown.— I  will  answer  freely  and  faithfully  about  what  concerns  myself — I  will 
answer  anything  I  can  with  honor,  but  not  about  others. 

Mr.  Vallandigiiam  (member  of  Congress  from  Ohio,  who  had  just  entered) — Mr. 
Brown,  who  sent  you  here? 

Mr.  Brown- — No  man  sent  me  here ;  it  was  my  own  prompting  and  that  of  my  Maker, 
or  that  of  the  devil,  whichever  you  please  to  ascribe  it  to.  I  acknowledge  no  man  in 
human  form. 

Mr.  VALLANDiGnAM — Did  you  get  up  the  expedition  yourself? 

Ml*.  Brown — I  did. 

Mr.  Vali>andigham — Did  you  get  up  this  document  that  is  called  a  constitution? 

Mr.  Brown — I  did.  They  are  a  constitution  and  ordinances  of  my  ovvn  contriving  and 
getting  up. 

Mr.  Vallandigham — How  long  have  you  been  engaged  in  this  business? 

Mr.  Brown — From  the  breaking  of  the  difficulties  in  Kansas.  Four  of  my  sons  had 
gone  there  to  settle,  and  they  induced  me  to  go.  I  did  not  go  there  to  settle,  but  because 
of  the  difficulties. 

Mr.  Mason. — How  many  are  engaged  with  you  in  this  movement?  I  ask  those  ques- 
tions for  our  own  safety. 

Mr.  Brown — Any  questions  that  I  can  honorably  answer  I  will,  not  otherwise.  So 
far  as  I  am  myself  concerned  I  have  told  everything  truthfully.  I  value  my  word, 
sir. 

Mr.  Mason — What  was  your  object  in  coming? 

Mr.  Brown — We  came  to  free  the  slaves,  and  only  that. 

A  Young  Man  (in  the  uniform  of  a  volunteer  company) — How  many  men  in  all 
had  you  ? 

Mr.  Brown — I  came  to  Virginia  with  eighteen  men  only,  besides  myself. 

VoLiTNTKEB — What  in  the  world  did  you  suppose  you  could  do  here  in  Virginia  with 
that  amount  of  men? 

Mr.  Brown — Young  man,  I  don't  wish  to  discuss  that  question  here. 

Volunteer — You  could  not  do  anything. 

Mr.  Brown — Well,  perhaps  your  ideas  and  mine  on  military  subjects  would  differ 
materially. 

Mr.  Mason — How  do  you  justify  your  acts  ? 

Mr.  Brown — I  think,  my  friend,  you  are  guilty  of  a  great  wrong  against  God  and 
humanity — I  say  it  without  wishing  to  be  offensive — and  it  would  be  perfectly  right  in 
any  one  to  interfere  with  yon  so  far  as  to  free  those  you  wilfully  and  wickedly  hold  in 
bondage.     I  do  not  say  this  insultingly. 

Mr.  Mason — I  understand  that. 

Mr.  Brown — I  think  I  did  right,  and  that  others  will  do  right  who  interfere  with  you 
at  any  time  and  all  times.  I  hold  that  the  golden  rule,  "Do  unto  others  as  you  would 
that  others  should  do  unto  you,"  applies  to  all  who  would  help  others  to  gain  their 
liberty. 

Lieut.  Stuart — But  you  don't  believe  in  the  Bible. 

Mr,  Brown — Certainly  I  do. 


46  THE  HAEPEE'S  FEEEY   mSUEEECTIOK 

Mr.  Vallandigham — Where  did  your  men  come  from  ?  Did  some  of  them  come  from 
Ohio? 

Mr.  Brown — Some  of  tliem. 

Mr.  Vallaxdigham — From  the  "Western  Eeserve?     None  came  from  Scmtheni  Oliio? 

Ml".  Di.owx — Yes,  I  believe  one  came  from  below  Steubenville,  down  not  far  from 
Wheeling. 

Mr  VALT-ANDicnAM — Ifave  you  been  in  Ohio  this  summer? 

Mr.  EuowN — Yes,  sir. 

Mr.  Vallandigham—  Hew  lately? 

Mr.  1>R0WN — I  passed  throagii  to  Pittsburg  on  my  way  in  June. 

Mr.  Vallandigiiam — Were  you  at  any  county  or  State  fair  there? 

Mr.  Bhowx — I  was  not — not  since  June. 

Mr.  Mason-— Did  you  consider  tliis  a  military  organization,  in  this  paper  (the  Constitu- 
tion) ?     I  liave  not  yet  read  it. 

Mr.  Bkown — I  did  in  some  sense.     I  wisli  you  would  give  that  paper  close  attention. 

Mr.  Masox — You  considered  yourself  tlie  Commander-in-Chief  of  tiiese  ''provisional" 
military  forces. 

Ml-.  Bjiowx — I  was  chosen  agreeably  to  the  ordinance  of  a  certain  document,  com- 
mander-in-cliief  of  that  force. 

Mr.  Mason — What  wages  did  you  ofier? 

Mr.  Bkowx — None. 

Lieut.  Stuaet — "Tlie  wages  of  sin  is  death." 

Mr.  Bkown — I  would  not  have  made  such  a  remark  to  you,  if  you  had  been  a  prisoner 
and  wounded  in  my  hands. 

A  Bystandek — Did  you  not  promise  a  negro  in  Gettysburg,  twenty  dollars  a  mouth  ? 

Mr.  Bi'.owN — T  did  not. 

Bystander — He  says  you  did. 

Mr.  Vallaxdigham — Were  you  ever  in  Dayton,  Ohio? 

Mr.  BuowN — Yes,  I  must  liave  been. 

Mr.  Vallandigham — This  summer? 

Mr.  BiiowN — No  ;  a  year  or  two  since. 

Mr.  Mason — Does  tliis  talking  annoy  you? 

Mr.  Biiowx— Not  tlie  least. 

Mr.  Vallandigiiam — Have  you  lived  long  in  Ohio? 

Mr.  Brown— I  went  there  in  1850  ;  I  lived  in  Summit  County,  which  was  then  Trum- 
bull County;  my  native  place  is  in  York  State;  my  father  lived  there  till  his  deatli,  in 
1805.  '      -^  , 

Mr.  Vallaxdigham — Do  vou  recollect  a  man  in  Oliio  named  Brown,  a  noted  counter- 
feiter ? 

Mr.  Bkown — I  do;  I  knew  him  from  a  boy;  liis  father  was  Henry  Brown  ;  they  were 
of  Irish  or  Scotcii  descent,  and  lie  had  a  brother  also  engaged  in  tliat  business;  when 
boys  they  could  not  read  nor  write :  they  were  of  a  very  low  family. 

Mr.  Vallaxdigham— Have  you  been  in  Portage  County  lately  ? 

Mr.  Bkowx — 1  was  there  in  June  last. 

Mr.  Vallaxdigham — Wlien  in  Cleveland,  did  you  attend  tlie  Fugitive  Slave  Law  Con- 
vention tiiere? 

Mr.  Bkowx — No.  I  was  tliere  about  tlie  time  of  the  sitting  of  the  court  to  try  the  Ober- 
lin  rescuers.  I  spoke  there  publicly  on  that  subject.  I  spoke  <m  the  Fugitive  Slave  law 
and  iny  own  rescue.  Of  course,  so  far  as  I  had  any  influence  at  all,  1  was  disposed  to 
justify  the  Oberlin  people  for  rescuing  the  slave,  because  1  have  myself  forcibly  taken 
slaves  Iroiu  bondage.  I  was  concerned  in  taking  eleven  slaves  from  Missouri  to  Canada 
last  winter.  I  think  L  spoke  in  Cleveland  before  the  Convention.  I  do  not  know  that  I 
had  any  conversation  with  any  of  the  Oberlin  rescuers.  I  was  sick  part  of  the  time  I  was 
in  Ohio,  witli  tlie  ague.     I  was  part  of  tlie  time  in  Ashtabula  County. 

Mr.  Vallaxdigham — Did  you  see  anytliing  of  Joshua  E.  Giddings  there? 

Mr.  Brown — I  did  meat  Idm. 

Mr.  Vallaxdigham — Did  you  converse  witli  liim? 

_Mr.  Brown — I  did.  I  would  not  tell  you,  of  course,  anything  tliat  would  implicate  Mr, 
Giddines;   but  I  certainly  m'et  witli  liim  and  had  conversations  with  him. 

Mr.  Vallaxdigham — About  that  rescue  case? 

Mr.  r>K0WN — Yes,  I  did;  I  heard  hiin  express  his  opinions  upon  it  very  freely  and 
frankly. 


THE  HARPER'S  FERRY  mSURRECTION.  47 

Mr.  Vali.andigham — Justifying  it? 

Mr.  Bi:OWN — Ye8,  sir;  I  do  not  compromise  him  certainly  in  saying  that. 
A  Bystandek — Did  yuu  go  out  to  Kunsas  under  the  auspices  ot   the  Emigrant  Aid 
Society  ? 

Mr.  Ijkowx — No,  sir;  T  went  out  under  the  auspices  of  .Jolm  Brown  and  nohody  else. 
Mr.  VAi,L.ANDiGnAM — Will  you  answer  tliis:  Did  you  talk  with  Giddings  about  your 
expedition  here? 

Mr.  DuowN — No,  I  won't  answer  that ;  because  a  denial  of  it  I  would  not  make,  and  to 
make  any  affirmation  of  it  I  siiould  be  a  great  dunce. 

ilr.  VAi.LANDiGnAM — Have  you  had  any  correspondence  with  parties  at  the  North  on 
the  subject  of  tills  movement  ? 

Mr.  BuowN — I  have  had  correspondence. 
A  Bystander— Do  you  consider  this  a  religious  movement? 
Mr.  Bi:owN — It  is,  in  my  opinion,  the  greatest  service  a  man  can  render  to  God. 
Bystaxdeu— Do  you  coujiuer  yourself  an  iustrument  in  the  hands  of  Providence? 
Mr.  BuowN — I  do. 

Bystander — Upon  what  principle  do  yon  justify  your  acts? 

Mr.  Brown — Upon  the  golden  rule.    I  pity  the  poor  in  bondage  that  have  none  to  help 
.  them;  t,hat  is  why  I  am  iiere;  not  to  gratify  any  personal  animosity,  revenge  or  vindic- 
tive spirit.     It  is  my  sympathy  with  tlie  oppressed  and  the  wi'onged,  that  are  as  good  as 
you  and  as  precious  in  the  sight  of  God. 

Bystander— Certainly.     But  why  take  the  slaves  against  their  will? 
Mr.  Brown — I  never  did. 
Bystander — You  did  in  one  instance,  at  least. 

Stei)hen-;,  the  other  wounded  prisoner,  here  said,  in  a  firm,  clear  voice — "You  are  right. 
In  one  case,  1  know  the  negro  wanted  to  go  back." 
A  Bystander — Where  did  you  come  from  ? 
Mr.  Stephens — I  lived  in  Ashtabula  county,  Ohio. 
,  Mr.  Vai.landigham — How  recently  did  you  leave  Ashtabula  county? 
Mr.  Stephens — Some  months  ago.     I  never  resided  there  any  length  of  time ;  have 
been  throui;li  there. 

Mr.  Vallandigham — How  far  did  you  live  from  Jefferson? 

Mr.  Brown — Be  cautious,  Stephens,  about  any  answers  that  would  commit  any  friend. 
I  would  not  answer  that. 

Stei)liens  turned  partially  over  with  a  groan  of  pain,  and  was  silent. 
Mr.  Vallandigham  (to  Mr.  Brown) — Who  are  your  advisers  in  tliis  movement? 
Mr.  Brown — I  cannot  answer  that.     I  have  numerous  sympathizers  throughout  the 
entire  North. 
Mr.  Vallandigham — In  northern  Ohio  ? 

Mr.  Brown — No  more  there  than  anywiiere  else ;  in  all  the  free  States. 
Mr.  Vallandighaji — But  you  are  not  personally  acquainted  in  southern  Ohio  ? 
Mr.  BiiOWN — Not  very  mucli. 

Mr.  Vallandigham  (to  Stepliens) — Were  you  at  the  Convention  last  June? 
Stephens — I  was. 

Mr.  Vallandigham  (to  Brown) — You  made  a  speech  there  ? 
Mr.  BnowN — I  did. 

A  Bystander — Did  you  ever  live  in  Wasliingfon  city  ? 

Mr.  Brown — I  did  not.    I  want  you  to  understand,  gentlemen — (and,  to  the  reporter  of 
the  "Herald'')  you  may  report  that — I' want  you  to  understand  that  I  respect  the  rights 
of  the  poorest  and  weakest  of  colored  people,  oppressed  by  the  slave  system,  just  as  much 
as  I  do  tiiose  of  the  most  wealthy  and  powerful.    Tiiat  is  the  idea  that  has  moved  me,  and 
that  alone.     We  expect  no  reward,  except  the  satisfaction  of  endeavoring  to  do  for  those 
in  distress  and  greatly  oppressed,  as  we  would  be  done  by.     The  cry  of  distress  of  the 
oppressed  is  my  reason,  and  the  only  thing  that  prompted  me  to  come  here. 
A  Bystander — Wliy  did  j'ou  do  it  secretly? 
.  Mr.  Brown — Because  I  thought  that  necessary  to  success ;  no  other  reason. 
Bystander — And  you  think  that  honorable?     Have  you  read  Gerritt  Smith's  last  let- 
ter? 

Mr.  Brown — What  letter  do  you  mean  ?      * 

Bystander — The  "New  York  Herald  "  of  yesterday,  in  speaking  of  this  affair,  men- 
tions a  letter  in  this  way  : — "  Apropos  of  this  exciting  news,  we  recollect  a  verv  signifi- 
cant passage  in  one  of  Gerrit  Smith's  letters,  published  a  month  or  two  ago,  in  which  he 


.48  THE  HARPER'S  FERRY  INSURRECTION. 

speaks  of  the  folly  of  attempting  to  strike  the  sliackles  off  the  slaves  hy  tlie  force  of  moral 
suasion  or  legal  agitation,  and  predicts  that  the  next  movement  made  in  the  directiun  of 
negro  emancipation  would  be  an  insurrection  in  tlie  South." 

Mr.  Bkown — I  have  not  seen  the  "Nevs^  York  Herald''  for  some  days  past;  but  I  pre- 
sume, from  3'our  remark  about  the  gist  of  the  letter,  tliat  I  sliould  concur  with  it.  I  agree 
vvitli  Mr.  Smith  tliat  moral  suasion  is  hopeless.  I  don't  think  the  people  of  tlie  slave 
States  will  ever  consider  tlie  subject  of  slavery  in  its  true  light  till  some  other  argument 
is  resorted  to  than  moral  suasion. 

Mr.  Vallandigham — Did  you  expect  a  general  rising  of  the  slaves  in  case  of  your  suc- 
cess ? 

Mr.  Brown — No,  sir ;  nor  did  I  wish  it.  I  expected  to  gather  them  up  from  time  to 
time  and  set  them  free. 

Mr.  Vallandigham — Did  you  expect  to  liold  possession  here  till  then? 

Mr.  Beown — Well,  probably  I  had  quite  a  different  idea.  I  do  not  know  that  I  ought 
to  i-eveal  my  plans.  I  am  here  a  prisoner  and  wounded,  because  I  foolishly  allowed  my- 
self to  be  so.  You  overrate  your  strength  in  supposing  I  could  have  been  taken  ;"t  I  had 
not  allowed  it.  I  was  too  tardy  after  commencing  the  open  attack — in  delaying  my  move- 
ments through  Monday  night,  and  up  to  the  time  I  was  attacked  by  the  government 
troops.  It  was  all  occasioned  by  my  desire  to  spare  the  feelings  of  my  prisoners  and  their 
'  fomilies  and  the  community  at  large.  I  had  no  knowledge  of  the  shooting  of  the  negro 
(Hay  ward). 

Mr.  Vallandigham — What  time  did  you  commence  your  organization  in  Canada? 

Mr.  Bkown — That  occurred  about  two  years  ago,  if  1  remember  right.  It  was,  I  think, 
in  18.58. 

Mr.  Vallandigham — Wlio  was  the  Secretary? 

Mr.  Br.owN — That  I  would  not  tell  if  I  recollected,  but  I  do  not  recollect.  I  tliink  the 
officers  were  elected  in  May,  1858.  I  may  answer  incorrectly,  but  not  intentionally.  My 
head  is  a  little  confused  by  wounds,  and  my  memory  obscure  on  dates,  etc. 

Dr.  Biggs — Were  you  in  the  party  at  Dr.  Kennedy's  house  ? 

Mr.  Biiow.v — I  was  at  the  head  of  that  party.  I  occupied  the  house  to  mature  my 
I^lans.     I  have  not  been  in  Baltimore  to  purchase  caps. 

Dr.  Biggs — What  was  the  number  of  men  at  Kennedy's? 

Mr.  Brown — I  decline  to  answer  that. 

Dr.  Biggs — Who  lanced  that  woman's  neck  on  the  hill? 

Mr.  Brown — I  did.  I  have  sometimes  practised  in  surgery  when  I  thought  it  a  matter 
of  humanity  and  necessity,  and  there  was  no  one  else  to  do  it,  but  have  not.  studied  sur- 
gery. 

Dr.  Biggs — It  was  done  very  well  and  scientifically.  They  have  been  very  clever  to 
the  neighbors,  I  have  been  told,  and  we  had  no  reason  to  suspect  them  except  that  we 
could  not  understand  their  movements.  They  were  represented  as  eight  or  nine  persons; 
on  Friday  there  were  thirteen. 

Mr.  Brown — There  were  more  than  that. 

Q.  Where  did  you  get  arms  to  obtain  possession  of  the  Armory? 

A.  I  bought  them. 

Q.  In  what  State  ? 

A.  That  I  would  not  state. 

Q.  How  many  guns? 

A.  Two  hundred  Sharpe's  rifles  and  two  hundred  revolvers — what  is  called  the  Massa- 
chusetts Arms  Company's  revolvers,  a  little  under  the  navy  size. 

Q.  Why  did  you  not  take  that  swivel  you  left  in  the  house? 

A.  I  had  no  occasion  for  it.     It  was  given  to  me  a  year  or  two  ago. 

Q.  In  Kansas? 

A.  No;  I  had  nothing  given  me  in  Kansas. 

Q.  By  wlumi ;  and  in  what  State? 

A.  I  decline  to  au'-wer.  It  is  not  properly  a  swivel;  it  is  a  very  large  rifle  with  a 
pivot.     The  ball  is  larger  than  a  mitsket  ball ;  it  is  intended  for  a  slug.. 

REr>oRTER  OF  THE  Heeald — 1  do  not  wish  to  annoy  you;  but  if  you  have  anything 
further  you  would  like  to  say  I  will  report  it. 

Mr.  Brown — I  have  nothing  to  say,  only  that  I  claim  to  be  here  in  carrying  out  a  mea- 
sure I  believe  perfectly  justifiable,  and  not  to  act  the  part  of  an  incendiary  or  rulhan,  but 
to  aid  those  sutfering  great  wrong.  1  wish  to  say,  furthermore,  that  you  had  better — all 
you  people  at  the  South — prepare  yourselves  for  a  settlement  of  that  question  that  must 


THE  HAEPER'S  FERRY  INSURRECTION.  49 

come  lip  for  settlement  sooner  than  you  are  prepared  for.  The  sooner  you  are  prepared 
the  better..  Yon  may  dispose  of  me  very  easily;  I  am  nearly  disposed  of  now;  hut  tliis 
question  is  still  to  be  settled— this  negro  question  I  mean — the  end  of  that  is  not  yet. 
Tiiese  wounds  were  inflicted  upon  me — both  sabre  cuts  on  my  head  and  bayonet  stabs  in 
different  parts  of  my  body — some  minutes  after  I  had  ceased  fitrhting  and  had  consented 
to  a  surrender,  for  the  benefit  of  otiiers,  not  for  my  own.  (This  statement  was  vehe- 
mently denied  by  all  around.)  I  believe  the  major  (meaning  Lieut.  J.  B.  Stuart,  of  the 
United  States  cavalry),  would  not  have  been  alive;  I  could  have  killed  him  just  as  easy 
as  a  mosquito  when  he  came  in.  but  I  supposed  he  came  in  only  to  receive  our  surrender. 
There  had  been  loud  and  long  calls  of  ''  surrender  "  from  us — as  loud  as  men  could  yell — 
but  in  the  confusion  and  excitement  I  suppose  we  were  not  heard.  I  do  not  thiuk  the 
major,  or  any  one,  meant  to  butcher  us  after  we  had  surrendered. 

An  Officer  here  stated  that  the  order  to  the  marines  were  not  to  shoot  anybody  ;  but 
when  they  were  fired  upon  by  Brown's  men  and  one  of  them  killed,  they  were  obliged  to 
return  the  compliment. 

Mr.  Brown  insisted  that  the  marines  fired  first. 

An  Officer — Wliy  did  not  you  surrender  before  the  attack? 

Mr.  Bkown — I  did  not  tiiink  it  was  my  duty  or  interest  to  do  so  We  assured  the  pri- 
soners that  we  did  not  wish  to  harm  them,  and  they  should  be  set  at  liberty.  I  exer- 
cised my  best  judgment,  not  believing  the  people  would  wantonly  sacrifice  their  own  fel- 
low-citizens, when  we  offered  to  let  them  go  on  condition  of  being  allowed  to  change  our 
position  about  a  quarter  of  a  mile.  The  prisoners  agreed  by  vote  among  themselves  to 
pass  across  the  bridge  with  us.  We  wanted  them  only  as  a  sort  of  guaranty  of  our  own 
safety;  that  we  should  not  be  fired  into.  We  took  tliem  in  the  first  place  as  hostages  and 
to  keep  them  from  doing  any  harm.  We  did  kill  some  men  in  defending  ourselves,  but  I 
saw  no  one  fire  except  directh'  in  self-defence.  Our  orders  were  strict  not  to  harm  any 
one  nfit  in  arms  against  us. 

Q.  Brown,  suppose  you  had  every  nigger  in  the  United  States,  what  would  you  do  with 
them  ? 

A.  Set  them  free. 

Q.  Your  intention  was  to  carry  them  off  and  free  them  ? 

A.  Not  at  all. 

A  Bystander — To  set  them  free  would  sacrifice  the  life  of  every  man  in  this  com- 
rnunity. 

Mr.  Brown — I  do  not  think  so. 

Bystander — I  know  it.     I  think  you  are  fanatical. 

Mr.  Beown — And  1  think  you  are  fanatical.  "  Whom  the  gods  would  destroy  tliey 
first  make  mad,"  and  you  are  mad. 

Q.  Was  it  your  only  object  to  free  the  negroes? 

A.  Absolutely  our  only  object. 

Q.  But  you  demanded  and  took  Col.  Washington's  silver  and  watch? 

A.  Yes;  we  intended  freely  to  appropriate  the  property  of  slaveholders  to  carry  out  our 
object.  It  was  for  that,  and  only  that,  and  with  no  design  to  enrich  ourselves  with  any 
plunder  whatever. 

Q.  Did  you  know  Sherrod  in  Kansas?     I  understand  you  killed  him. 

A.  I  killed  no  man  except  in  fair  fight;  I  fought  at  Black  Jack  Point  and  Ossawa- 
tomie,  and  if  I  killed  anybody  it  was  at  one  of  those  places. 


MEETING  OF  THE  COURT— CHARGE  TO  THE  GRAND  JURY. 

Charlestown,  Jefferson  Countv,  Va.,  ) 
Oct.  21,  1859.  S 

The  Circuit  Court  of  Jefferson  County — Hon.  Richard  Parker,  Circuit  Judge — which 
commenced  its  session  yesterday^  was  occupied  to-day  with  the  trial  of  the  case  of  State 
vs.  Dilhird,  for  an  assault  with  an  intent  to  kill.  The  examination  trial  of  the  insurrec- 
tionists, Brown  and  his  associates,  before  eight  Justices  of  the  Peace,  Avill  take  place  on 
Tuesday,  in  the  court  rooms,  the  Circuit  Court  adjourning  for  that  purpose.  Judge 
Parker's  charge  to  the  Grand  Jury  was  an  appropriate  effort,  referring  mainly  to  the  late 
attempts  to  incite  insuri'ection.    He  said  : 


50  THE  HARPER'S  FERRY  INSURRECTION. 

Gentlemen  of  the  Juet — In  the  state  of  excitement  into  wliicli  our  whole  commnnity 
has  been  thrown  by  the  recent  occurrences  in  this  county,  I  feel  that;  tlie  charge  which  I 
usually  deliver  to  a  Grand  Jury  would  be  entirely  out  of  place.  Tiiose  occurrences  cannot 
but  force  themselves  upon  your  attention.  They  must  necessarily  occupy  a  considerable 
portion  of  tiiat  time  which  you  will  devote  to  your  public  duties  as  a  Grand  Jury. 
However  guilty  the  unfortunate  men  who  are  now  in  the  hands  of  justice  may  prove  to 
be,  still  tiiey  cannot  be  called  upon  to  answer  to  tiie  offended  laws  of  our  Common  wealth 
for  any  of  the  multifarious  crimes  with  which  they  are  charged,  until  the  Grand  Jury, 
after  diligent  inquiry,  shall  decide  that  for  these  offences  they  be  put  upon  their  trial,  i 
will  not  permit  myself  to  give  expression  to  any  of  those  feelings  wiiicli  at  once  spring  up 
in  evei-y  breast  when  reflection  upon  the  enormity  of  the  guilt  in  which  those  are  involved 
who  invade  by  force  a  peaceful  uii'uspecting  portion  of  our  common  country,  raise  the 
standard  of  insurrection  amongst  tliem,  and  shoot  down  without  mercy  Virginia  citizens, 
defending  Virgiiiia  soil  against  their  invasion.  I  must  remember,  gentlemen,  that  as  a 
minister  of  justice,  bound  to  execute  over  you  and  laws  faithfully,  and  in  the  very  spirit 
of  Justice  herself,  I  luust,  as  to  every  one  accused  of  crime,  hold,  as  the  law  holds,  tliat  he 
is  innocent  until  he  shall  be  proved  guilty  by  honest,  independent  and  an  impartial  jury  of 
Jus  countrymen  ;  and  what  is  obligatory  upon  me  is  equally  binding  upon  every  one  who  may 
be  connected  with  the  prosecution  and  trials  of  these  offenders.  In  these  cases,  as  in  all 
others,  you  will  be  controlled  by  that  oath  which  eacli  of  you  have  taken,  and  in  which  you 
liave  solemnly  sworn  that  you  will  diligently  inquire  into  all  offences  which  may  be  brought 
to  j-our  knowledge,  and  that  you  will  present  no  one  through  ill-will,  as  well  as  that  you 
Avill  leave  no  one  unindicted  through  fear  or  favor  ;  but  in  all  your  presentments  you  shall 
present  the  truth,  the  whole  truth,  and  nothing  but  the  truth.  Do  but  this,  gentlemen, 
and  you  will  have  but  fulfilled  your  duty.  Go  beyond  this,  and  in  place  of  that  diligent 
inquiry  and  calm  investigation  which  you  have  sworn  to  make,  act  upon  prejudice  or  from 
excitement  of  passion,  and  you  will  have  done  a  wrong  to  that  law  in  whose  services  you 
are  engaged.  As  I  before  said,  those  men  are  now  in  the  hands  Of  justice.  They  are  to 
have  a  fair  and  impartial  trial.  We  owe  it  to  the  cause  of  justice  as  well  as  to  our  own 
characters,  that  such  a  trial  should  be  afforded  them.  If  guilty,  they  will  be  sure  to  pay 
the  extreme  penalty  of  their  guilt,  and  the  example  of  punishment,  when  thus  inflicted  by 
virtue  of  law,  will  be,  bej'ond  all  comparison,  more  efficacious  for  our  protection  than  any 
.torture  to  which  mere  passion  could  subject  them.  Whether  they  be  in  public  or  private 
position,  let  each  one  of  us  remember  that  as  the  law  has  charge  of  these  alleged  offenders, 
the  law  alone,  through  its  recognized  agents,  must  deal  with  them  to  the  last.  It  can 
tolerate  no  interference  by  others  with  duties  it  has  assumed  to  itself.  If  true  to  herself, 
and  she  will  be,  our  commonwealth,  thrnugh  her  courts  of  justice,  will  be  as  ready  to 
punish  the  offence  of  such  interference  as  she  is  to  punish  these  grave  and  serious  offences 
with  which  she  is  now  about  to  deal,  in  case  these  offences  be  ])roved  by  legal  testimony 
to  have  been  perpetrated.  Let  us  all,  gentlemen,  bear  this  in  mind,  and  in  patience  await 
the  result,  confident  that  that  result  will  be  whatever  strict  and  impartial  justice  shall 
determine  to  be  necessary  and  proper.  It  would  seem,  gentlemen,  and  yet  1  speak  from 
no  evidence,  but  upon  vague  rumors  which  have  reached  me,  that  these  men  who  have 
lately  thrown  themselves  upon  us,  confidently  ex[)ected  to  be  joined  by  our  slaves  and  free 
negroes,  and  unfurled  the  banner  of  insurrection  and  invited  this  class  of  our  citizens  to 
xally  under  it,  and  yet,  as  I  am  told,  they  were  unable  to  obtain  a  single  circuit. 

i 

Tlie  following  is  the  commitment  of  the  insurrectionists,  and  the  warrant  to  the  sheriflT 
to  summon  eight  justices  to  examine  the  facts  with  which  they  stand  charged  : 

State  of  Virginia^  Jefferson  County,  to  wit: — To  the  sheri'ff^  Court,  and  to  the  keeper 
of  the  iail  of  said  county.  These  are  to  command  you,  in  the  name  of  the  Commonwealth 
of  Virginia,  forthwith  to  convey  and  deliver  into  the  custody  of  the  keeper  of  said  jail, 
and  to  receive  and  safely  keep  the  bodies  of  John  Brown,  Aaron  C.  Ste[)hens,  Edwin 
Coppie,  Shiehls  Green  and  John  Copland,  negro,  and  cliarged  before  me,  Roger  Chew,  a 
Ju'^tice  of  tlie  Peace  for  said  county,  on  the  oaths  of  Henry  A.  Wise,  Andrew  Hunter  and 
John  W.  McGinnis,  and  up(m  the  free  admission  and  confession  of  said  parties  made  in 
my  presence  and  hearing,  that  they  and  each  of  them  did  feloniously  conspire  with  each 
other  and  with  other  parties  unknown,  to  make  an  abolition  insurrection  and  opeu  war 
against  the  Commonwealth  of  Virginin,  by  making  an  armed  attack  uj)on  and  murdering 
lier  citizens  at  a  certain  place  called  Harper's  Ferry,  and  then  and  there  to  riot  on  fho 
17th,  18tli  and  19th  days  of  October,  1859,  and  did  feloniously  and  of  their  malice  kill 


THE  HARPER'S  FERRY  raSURREOTION".  51 

and  murder,  with  firearms  called  Sharpe's  rifles,  and  revolvers,  and  pistols,  divers  citizens 
of  tliis  commonwealtli,  and  Fontainf  iJeckliam,  Georjre  W.  Tnrner  and  Tliomas  IJoerly, 
free  white  persons,  and  Luke  Quinn,  a  soldier  of  tlie  United  States  Government,  and  also 
Hayward  Slieppard,  a  free  negro,  and  did  there  and  then,  feloniously  cons|)iie  with 
divers  slaves,  belonging  to  citizens  of  this  Commonwealth,  in  the  county  aforesaid,  to  me 
unknown,  to  rebel  and  make  insurrection  against  tlie  government  and  laws  of  tliis  Com- 
monwealth, that  they  may  be  examined  for  the  said  otit'eace  before  the  proper  examining 
court,  and  otherwise  dealt  with  according  to  law. 

Given  under  my  liand  and  seal  this  20ch  day  of  October,  1859.     Signed, 

RoGEPw  Chew. 

To  the  Sheriff  of  Jefferson  County^  Virginia : — Whereas  John  Ih-own,  Aaron  0. 
Stephens  and  Edwin  Coppie,  white  persons,  and  Shields  Green  and  John  Copland,  men 
of  color,  have  been  committed  by  ray  warrant  witliin  and  for  certain  felonies  cliarged  to 
have  been  committed  as  therein  stated  by  them,  and  being  of  opinion  tlmt  there  is 
snfReient  cause  for  charging  said  parties  with  said  offences,  I  connnand  you,  in  the  name 
of  the  commonwealth,  to  summon  at  least  eight  of  the  justices  of  said  county  to  meet  at 
the  Court  House  of  said  county,  on  the  25th  day  of  this  month,  October,  1859,  to  hold  a 
Court  for  the  examination  of  the  facts  with  whicli  said  parties  stand  charged,  and  for  snch 
other  purposes  concerning  the  premises  as  are  required  by  law,  and  have  then  there  this 
warrant  and  make  return  how  you  have  effected  the  same. 

Given  under  my  hand  and  seal  this  20th  day  of  October,  1859. 

ROGEK   ClIEW. 


JOHF    BROWN'S  IDEA   OF   GOYERi^MENT, 


Among  the  papers  in  possession  of  Brown  and  his  party,  was  the  draft  of  a  basis  of 
government,  which  evidently  embraced  the  fundamental  ideas  which  animated  thedeader 
and  his  men.     The  main  features  of  this  paper  appear  in  the  following  synopsis  : 

Provisional  Constitution   and  Ordinances  for  the  People  of  the  United  States. 

Preamble. —  Whereas,  Slavery  throughout  its  entire  existence  in  the  United  States,  is 
none  other  than  the  most  barbarous,  unprovoked,  and  unjustifiable  war  of  one  portion  of 

•  its  citizens  against  another  portion,  the  only  conditions  of  which  are  perpetual  imprison- 
ment, and  hopeless  servitude,  or  absolute  extermination  in  utter  disregard  and  violation 
of  those  eternal  and  self-evident  truths  set  forth  in  our  Declaration  of  Independence : 
Therefore,  We,  the  citizens  of  the  United   States,  and  the  oppressed  people,  who,  by  a 

'recent  decision  of  the  Supreine  Conrt,  are  declared  to  have  no  rights  which  tlie  wliite 
man  is  bound  to  respect,  together  with  all  the  other  people  degraded  by  tiie  laws  thereof, 
do,  for  the  time  being,  ordain  and  establish  for  ourselves  the  following  Provisional  Con- 
stitution and  ordinances,  the  better  to  protect  our  people,  property,  lives,  and  liherties, 
and  to  govern  oar  actions  : 

Article  1.  Qualifications  of  Membership.  N^ 

All  persons  of  mature  age,  whether  proscribed,  oppressed' and  enslaved  citizens,  or  of 
proscribed  and  oppressed  races  of  the  Uiuted  States,  who  shall  agree  to  sustain  and  en- 
force the  Provisional  Constitution  and  ordinances  of  organization,  together  with  all 
minor  children  of  such  persons,  shall  be  held-  to  be  fully  entitled  to  protection  under  the 
same. 

Art.  2.  Branches  of  Government, 

The  Provisional  Government  of  this  organization  shall  consist  of  three  branches,  viz. : 
the  Legislative,  the  Executive,  and  Judicial. 

Art»  3.  The  Legislature. 

/,,  The  Legislative  Branch  shall  he  a  Congress  or  House  of  Representatives,  composed  of 
not  less  than  five,  nor  more  thau  ten  members,  who  sliall  be  elected  by  all  the  citizens  of 
mature  age  aud  sound  mind,  connected  with  this  organization,  and  who  shall  romain,  ia 


52  THE  HAKPER'S  FERRY  INSURRECTION. 

ofEce  for  three  j-ears,  unless  sooner  removed  for  misconduct,  inability,  or  death.  A 
majority  of  such  members  shall  constitute  a  quorum. 

Art.  4.  Executitie. 

The  Execiitive  Branch  of  the  organization  shall  consist  of  a  President  and  Vice-Presi- 
dent, who  shall  be  chosen  by  the  citizens,  or  members  of  this  organization,  and  each  of 
whom  sliall  hold  Ids  oliice  for  three  years,  unless  sooner  removed  by  death,  or  for  in- 
ability, or  for  misconduct. 

Art.  5.  Judicial, 

_  The  Judicial  Branch  consists  of  one  Chief  Justice  of  the  Supreme  Court,  and  four  Asso- 
ciate Judges  of  the  said  Court,  each  of  them  constituting  a  Circuit  Court.  Tiiey  shall 
each  be  chosen  in  the  same  manner  as  the  President,  and  shall  continue  in  office  until 
their  places  have  been  filled  in  the  same  manner  by  an  election  of  citizens. 

Articles  13  to  25,  provide  for  the  trial  of  tlie  President  and  other  officers,  and  Members 
of  Congress,  the  impeachment  of  Judges;  the  duties  of  the  President  and  Vice-Presi- 
dent, the  punishnient  of  crimes,  Army  appointments,  salaries,  etc.,  etc.  These  articles 
are  not  of  special  interest  and  are  therefore  omitted. 

Art.  24.  Treaties  of  Peace. 

Before  any  treaty  of  peace  shall  take  full  effect  it  shall  be  signed  by  the  President, 
Vice-President,  Commander-in-Chief,  a  majority  of  the  House  of  Representatives,  a 
majority  of  the  Supreme  Court,  and  a  luajority  of  the  general  officers  of  the  Army. 

Art.  ^7.  Duty  of  the  Military, 

It  shall  be  the  duty  of  the  Commander-in-Chief,  and  all  the  officers  and  soldiers  of  the 
■  arm)',  to  afford  special  protection,  when  needed,  to  Congress,  or  any  member  thereof,  to 
the  Supreme  Court,  or  any  member  thereof,  to  the  President,  Vice-President,  Treasurer, 
and  Secietary  of  War,  and  to  afford  general  protection  to  all  civil  officers,  or  other  per- 
sons having  a  right  to  the  same. 

Art.  28.  Property. 

All  captured  or  confiscated  property,  and  all  the  property  tlie  product  of  the  labor  of 
those  belonging  to  this  organization,  and  of  their  tamilies,  shall  be  held  as  the  property 
of  the  whole  equally,  without  distinction,  and  maybe  used  for  the  common  benefit,  or 
disposed  of  for  tlie  same  object.  And  any  person,  officer,  or  otherwise,  who  shall  impro- 
perly retain,  secrete,  use,  or  needlessly  destroy  such  property,  or  property  found,  cap- 
tured, or  confiscated,  belonging  to  the  enemy,  or  shall  willfully  neglect  to  i-ender  a  full 
and  fair  statement  of  such  property  by  him  so  taken,  or  held,  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  accordingly.     . 

Art.  29.  Safety  or  Intelligence  Fund, 

All  money,  plate,  watches,  or  jewelry  captured  by  honorable  warfare,  found,  taken,  or 
confiscated,  belonging  to  the  enemy,  shall  be  held  sacred  to  constitute  a  liberal  safety  or 
intelligence  fund,  and  any  person  who  shall  improperly  retain,  dispose  of,  hide,  use,  or 
destroy  such  money  or  other  articles  above  named,  contrary  to  the  provisions  and  spirit 
of  this  article,  shall  be  deem,ed  guilty  of  theft,  and,  on  conviction  thereof,  shall  be 
punished  accordingly.  The  Treasurer  shall  furnish  the  Commander-in-Chief  at  all  times 
with  a  full  statement, of  the  condition  of  such  fund,  and  its  nature. 

Art.  30.  The  Commander -in-  Chief  and  the  Treasury. 

The  Commander-in-Chief  shall  have  power  to  draw  from  the  Treasury  the  money  anil 
other  property  of  the  fund  provided  for  in  Article  29 ;  but  his  orders  shall  be  signed  also 
by  the  Secretary  of  War,  who  shall  keep  a  strict  account  of  the  same,  subject  to  examina- 
tion by  any  member  of  Congress  or  General  Officer. 


THE   HARPER'S   FERRY  INSURRECTION.  63 

Art.  31.  Sur2>lus  of  the  Safety  or  Intelligence  Fund. 

It  shall  be  the  duty  of  the  Commander-in-Chief  to  advise  the  President  of  any  surplus 
of  the  Safety  or  Intelligence  Fund,  and  he  shall  have  power  to  draw  the  same,  Ids  order 
bein<;  also  signed  by  the  Secretary' of  State,  to  enable  him  to  carry  on  the  provisions  of 
Article  17. 

Art.  32.  Prisoners. 

No  person,  after  liaving  surrendered  himself  a  prisoner,  and  who  shall  properly  de- 
imnn  himself  or  lierself  as  such,  t.)  any  officer  or  private  connected  with  this  organization, 
sli;i!l  afterward  be  put  to  death,  or  be  subjected  to  any  corporeal  punishment,  without 
first  having  liad  tiie  benefit  of  a  fair  and  impartial  trial ;  nor  shall  any  prisoner  be  treated 
witJi  any  kind  of  cruelty,  disrespect,  insult,  or  needless  severity,  but  it  shall  be  the  duty 
of  all  persons,  male  and  female,  connected  herewith,  at  all  times,  and  under  all  circum- 
stances, to  treat  all  such  prisoners  witli  every  degree  of  respect  and  kindness  that  the  nature 
of  the  circumstances  will  admit  of,  and  insist  on  a  like  course  of  conduct  from  all  others 
as  in  fear  of  the  Almighty  God,  to  whose  care  and  keeping  we  commit  our  cause. 

Art.  33.  Volunteers. 

All  persons  who  may  come  forward,  and  shall  voluntarily  deliver  up  slaves,  and  have 
their  names  registered  on  the  books  of  this  organization,  shall,  so  long  as  they  continue 
at  peace,  be  entitled  to  the  fullest  protection  in  person  and  property,  though  not  con- 
nected with  tills  organization,  and  sliall  be  treated  as  friends,  and  not  merely  as  persons 
neutral. 

Art.  34.  Neutrals. 

The  persons  and  property  of  all  non-slaveholders  who  shall  remain  absolutely  neutral, 
shall  be  respected  so  far  as  circumstances  can  allow  of  it,  but  they  shall  not  be  entitled  to 
any  active  protection. 

Art.  35.  No  Needless  Waste. 

The  needless  waste  or  destruction  of  any  useful  property  or  article  by  fire,  throwing 
open  of  fences,  fields,  buildings,  or  needless  killing  of  animals,  or  injury  of  either,  shall 
not  be  tolerated  at  any  time  or  place,  but  shall  be  promptly  and  peremptorily  punished. 

Art.  36.  Property  Confiscated. 

The  entire  personal  and  real  property  of  all  persons  known  to  be  acting  either  directly 
or  indirectly  with  or  for  the  enemy,  or  found  in  arms  with  them,  or  found  Avillfully  hold- 
ing slnves,  shall  be  confiscated  and  taken  whenever  and  wherever  it  may  be  found,  in 
either  Free  or  Slave  States. 

Art.  37.  Desertion. 

Persons  convicted  on  impartial  trials  of  desertion  to  the  enemy,  after  becoming  mem- 
bers, acting  as  spies,  of  treacherous  surrender  of  property,  arms,  ammunition,  provisions 
or  supplies  of  any  kind,  roads,  bridges,  persons,  or  fortifications,  shall  be  put  to  death, 
and  their  entire  property  confiscated. 

Art.  38.  Violation  of  Parole  of  Honor. 

Persons  proved  to  be  guilty  of  taking  up  arms  after  having  been  set  at  liberty  on  parolo 
of  honor,  or  after  the  same  to  have  taken  any  active  part  with  or  for  the  enemy,  direct 
or  indirect,  shall  be  put  to  death,  and  their  entire  property  confiscated. 

Articles  39,  40,  and  41,  require  all  to  labor  for  the  general  good,  and  prohibit  immoral 
actions. 

Art.  42.  The  Marriage  Relation — Schools — Hie  Saiiath.  .idi 

Marriage  relations  shall  be  at  all  times  respected,  and  families  shall  be  kept  together  ks 
far  as  possible,  and  broken  families  encouraged  to  reunite,  and  intelligence  ofiices  shall  bo 
established  for  that  purpose.     Schools  and  churches  shall  be  established  as  may  be,  for 

4 


^4  THE   HAEPEE'S  FEERY   INSURRECTION". 

the  purpose  of  religious  and  other  instruction,  and  tlie  first  day  of  tlie  week  shall  be 
regarded  as  a  day  of  rest  and  appropriated  to  moral  and  religious  instruction  and  im- 
provement to  the  relief  of  the  suffering,  the  instruction  of  the  young  and  ignorant,  and 
the  encouragement  of  personal  cleanliness,  nor  sljall  any  person  be  required  on  that  day 
to  perf(jrm  ordinary  manual  labor,  unless  in  extremely  urgent  cases. 

Art.  43.  To  Carry  Arms  Openly. 

All  persons  known  to  be  of  good  character,  and  of  sound  mind,  and  suitable  age,  wlio 
are  connected  with  this  organization,  -whether  male  or  female,  shall  be  encouraged  to 
carry  arms  openly. 

Art.  i-t.  No  Person  to  Carry  Concealed  Weapons. 

No  person  within  the  limits  of  conquered  territory,  exce])t  regularly  appointed  police- 
men, express  officers  of  army,  mail  carriers,  or  other  fully  accredited. messengers  of  Con- 
gress, the  President,  Vice-President^  members  of  tlie  Supreme  Court,  or  commissioned 
officers  of  the  Army,  and  those  under  peculiar  circumstances,  siiall  be  allowed  at  any  time 
to  carry  concealed  weapons  ;  and  any  person  not  specially  authorized  so  to  do  wiio  shall 
\)&  foniul  so  doing,  shall  be  deemed  a  suspicious  person,  and  may  at  once  be  arrested  by 
any  officer,  soldier,  or  citizen,  without  the  formality  of  a  comjduint  or  warrant;  and  may 
at  once  be  subjected  to  tiiorough  searcli,  and  sl:ull  have  his  or  her  case  thoroughly  inves- 
tigated, and  be  dealt  with  as  circumstances  on  proof  shall  require. 

Article  45.  Persons  to  he  Seized. 

Persons  living  within  the  limits  of  territory  holden  by  this  organization,  and  not  con- 
nected Vs'ith  this  organization,  having  arms  at  all,  concealed  or  otherwise,  shall  be  seized 
at  once,  or  be  taken  in  charge  of  by  some  vigilant  officer,  and  their  case  thoroughly 
investigated  ;  and  it  shall  be  the  duty  of  all  citizens  and  soldiers,  as  well  as  officers,  to 
arrest  such  parties  as  are  named  in  this  and  the  preceding  section  or  article,  without  for- 
mality of  complaint  or  warrant ;  and  they  shall  be  placed  in  charge  of  some  proper  officer 
for  examination,  or  for  safe  keeping. 

Article  46.  These  Articles  not  for  tlie  OvertTirow  of  Government. 

The  foregoing  articles  shall  not  be  construed  so  as  in  any  way  to  encourage  the  over- 
throw of  any  State  Government  or  of  the  General  Government  of  the  United  States,  and 
look  to  no  dissolution  of  the  Union,  but  sin^ply  to  amendment  and  repeal,  and  our  Sag 
stall  be  the  same  that  our  fathers  fought  under  in  the  Revolution. 

Article  47.  I^o  Plurality  of  Offices. 

No  two  offices  specially  provided  for  by  this  instrument  shall  be  filled  by  the  same 
person,  at  the  same  time. 

Article  48.  Oath. 

Every  officer,  civil  or  military,  connected  with  this  organization,  shall,  before  entering 
upon  the  duties  of  office,  make  a  solemn  oath  or  affirmation  to  abide  by  and  support  the 
Provisional  Constitution  and  these  ordinances.  Also,  every  citizeij  and  soldier,  before 
being  recognized  as  such,  shall  do  the  same. 

Schedule. 

The  President  of  this  Convention  shall  convene,  immediately  on  the  adoption  of  tliis 
instrument,  a  Convention  of  all  such  persons  as  shall  have  given  tlieir  adherence,  by  sig- 
nature to  the  Constitution,  who  shall  proceed  to  fill  by  election  all  offices  specially  named 
in  said  Constitution — the  President  of  this  Convention  presiding  and  issuing  commissions 
to  such  officers  elect.  All  such  officers  being  hereafter  elected  in  the  manner  provided  in 
the  body  of  this  instrument. 


THE  HARPER'S  FEERY  1NSURRE0TI0:N".  53 


THE    TRIAL. 

FIRST  DAI? 

FIRST  EXAMINATION  OF  THE  PRISONERS. 

Charlestown,  Va.,  Tuesday,  Oct.  25, 1859. 

The  preliminary  examination  of  Brown  and  otlier  Harper's  Ferry  conspirators,  com- 
menced here  to-day,  in  the  Magistrate's  Court.  Col.  Davenport  was  the  presiding  Justice, 
and  the  following  magistrates  were  associated  with  him  on  the  bench  :  Dr.  Alexander, 
John  J.  Lock,  John  F.  Smith,  Thos.  H.  Willis,  George  W.  Eiohelberger,  Charles  H.Lewis, 
and  Moses  W.  Burr. 

At  10|-  o'clock  the  sheriff  was  directed  to  bring  in  the  prisoners,  who  were  conducted 
from  the  jail  under  a  guard  of  80  armed  men. 

A  guard  was  also  stationed  around  the  Court.  The  Court-House  was  bristling  with 
bayonets  ou  all  sides.  Charles  B.  Harding,  Esq.,  acted  as  Attorney  for  the  County, 
assisted  by  Andrew  Hunter,  counsel  for  the  Commonwealth.  The  prisoners  were  brought 
in,  Brown  and  Edward  Coppie  manacled  together. 

Brown  seemed  weak  and  haggard,  with  eyes  swollen  from  wounds  on  the  head.  Cop- 
pie  is  uninjured.  Stephens  seemed  less  injured  than  Brown,  but  looked  haggard  and 
depressed.     Both  have  a  number  of  wounds  on  tlie  head. 

Jolin  Copland  is  a  bright  mulatto,  about  25  years  of  age,  and  Green  a  dark  negro, 
aged  about  30.  Sheriff  Campbell  read  the  commitment  of  the  prisoners,  who  were 
charged  with  treason  and  murder. 

Mr.  Harding,  tlie  attorney  for  the  State,  asked  that  the  Court  might  assign  counsel  for 
the  prisoners,  if  they  had  none. 

The  CouET  then  inquired  if  the  prisoners  had  counsel,  when  Brown  addressed  the  Court 
as  follows  : 

"  I  did  not  ask  for  any  quarter  at  the  time  I  was  taken.  I  did  not  ask  to  have  my  life 
spared.  The  Govenlor  of  the  State  of  Virginia  tendered  me  lils  assurance  tliat  I  sliould 
have  a  fair  trial  ;  and.  nnder  no  circumstances  whatever,  will  I  be  able  to  have  a  fair 
trial.  If  you  seek  my  blood,  you  can  have  it  at  any  moment,  without  this  mockery  of  a 
trial.  I  have  had  no  counsel.  I  liave  not  been  able  to  advise  with  any  one.  I  know 
nothing  about  the  feelings  of  my  fellow-prisoners,  and  am  utterly  unable  to  attend  in  any 
way  to  my  own  defence.  ^ly  memory  don't  serve  me.  My  health  is  insufficient, 
althougli  improving.  There  are  mitigating  circumstances  that  I  would  urge  in  our  favor, 
if  a  fair  trial  is  to  be  allowed  us.  But  if  we  are  to  be  forced  with  a  mere  form — a  trial 
for  execution — you  might  spare  yourselves  that  trouble.  I  am  ready  for  my  fate.  I  do 
not  ask  a  trial.  I  beg  for  no  mockery  of  a  trial — no  insult — nothing  but  that  which  con- 
science gives,  or  cowardice  would  drive  you  to  practise.  I  aslc  again  to  be  excused  from 
the  mockery  of  a  trial.  I  do  not  even  know  what  the  special  design  of  this  examination 
is.  I  do  not  know  what  is  to  be  the  benefit  of  it  to  the  Commonwealth.  I  have  now 
little  further  to  ask,  other  than  that  I  may  not  be  foolishly  insulted,  only  as  cowardly 
barbarians  insult  those  wlio  tall  into  their  power." 

At  tlie  conclusion  of  Brown's  remarks,  the  Court  assigned  Charles  J.  Faulkner  and 
Lawson  Botts  as  counsel  for  the  prisoners. 

ilr.  Faulkner — I  was  about  to  remark  to  the  Court  that,  although  I  feel  at  any  time 
willing  to  discharge  any  duty  wliich  the  Court  can  legally  claim,  and  by  authority  of  law 
devolve  upon  me,  I  am  not  aware  of  any  authority  wiiich  this  Court  has,  sitting  as  an 
Examining  Court,  to  assign  counsel  for  the  defence.  Besides,  it  is  manifest  from  the 
remarks  just  made  by  one  of  the  prisoners,  that  lie  regards  the  appearance  of  counsel 
under  such  circumstances  not  as  a  hona  fide  act,  but  rather  as  a  mockery.  Under  these 
circumstances,  I  do  not  feel  disposed  to  assume  tho  responsibility  of  that  position.     I  I.avo 


5ft  THE  HARPER'S  FERRY  INSURRECTION 

other  reasons  for  declining  the  position,  connected  -witli  m^'  having  been  at  the  place  of 
action,  and  hearini;  all  the  admissions  of  the  prisoners,  which  render  it  improper'  and 
inexpedient  for  me  to  act  as  counsel.  If  tlie  Court  liad  authority  to  order  it  peremptor- 
ily, I  siiould  acquiesce,  and  obey  that  antiiority.  I  am  not  aware  that  tliere  is  any  such 
power  vested  in  tliis  Court,  but,  as  it  is  tlie  prisoners'  desire,  I  will  see  that  fuh  justice  is 
done  them. 

Mr.  BoTTS  said  he  did  not  feel  it  to  be  his  duty  to  decline  tl)e  appointment  of  tlie  Court. 
He  was  prepared  to  do  his  best  to  defend  tlie  prisoners,  and  lie  hoped  the  Court  would 
assign  some  experienced  a^^sistant  in  case  Mr.  Faulkner  persisted  in  his  declination. 

Mr.  1Ia]{ding  addressed  Brown,  and  asked  him  if  he  was  willing  to  accept  Messrs. 
Faulkner  and  Botts  as  his  counsel. 

Mr.  Brown  replied  :  I  .wish  to  Say  that  I  have  sent  for  counsel.  I  did  apply,  through 
the  advice  of  some  persons  here,  to  some  persons  whose  names  I  do  not  now  recollect,  to 
act  as  counsel  for  me,  and  I  liave  sent  for  other  counsel,  who  have  had  no  possible  oppor- 
tunity to  see  me,  I  wish  for  counsel  if  I  am  to  have  a  trial ;  but  if  I  am  to  have  nothing 
but  the  mockery  of  a  trial,  as  I  liave  said,  I  do  not  care  anything  about  counsel.  It  is 
unnecessary  to  trouble  any  gentleman  with  that  duty. 

Mr.  Harding— You  are  to  have  a  fair  trial. 

Mr.  Brown — Tliere  were  certain  men — I  think  Mr.  Botts  was  one  of  them — who  de- 
clined acting  as  counsel,  but  I  am  not  positive  about  it.  I  cannot  remember  whether  he 
was  one,  because  I  have  heard  so  many  names.  1  am  a  stranger  here  ;  1  do  not  know  the 
dispositioii  or  character  of  the  gentlemen  named.  I  liave  applied  for  counsel  of  my  own, 
and  do'ihtiess  could  have  them,  if  I  am  not,  as  I  said  before,  to  be  hurried  to  execution 
before  thev  can  reach  me.  But  if  that  is  the  disposition  that  is  to  be  made  of  me,  all  tliis 
trouble  and  expense  can  be  saved. 

Mr.  Harding — Tlie  question  is,  do  you  desire  the  aid  of  Messrs.  Faulkner  and  Botts  as 
your  counsel  ?     Please  to  answer  yes  or  no, 

Mr.  Brown — I  cannot  regard  this  as  an  examination,  under  any  circumstances.  I 
would^  prefer  that  they  sliould  exercise  their  own  pleasure.  1  feel  as  if  it  was  a  matter  of 
very  little  account  to  me.  If  they  had  designed  to  assist  me  as  counsel,  I  should  have 
wanted  an  (>])portunity  to  consult  them  at  my  leisure. 

Mr.  Harding — Stephens,  are  you  willing  tiiose  gentlemen  should  act  as  your  counsel? 

Mr.  Stephens — 1  am  willing  tliat  gentleman  shall  (pointing  to  Mr.  Botts). 

Mr.  Harding — Do  you  object  to  Mr.  Faulkner? 

Mr.  Stephens — No.     I  am  willing  to  lake  both. 

Mr.  Harding  addres^^ed  each  of  the  other  prisoners  separately,  and  each  stated  his  will- 
ingness to  be  defended  by  tiie  counsel  named. 

The  Court  issued  a  ])ereniptory  order  that  the  press  should  not  publish  detailed  testi-. 
mony,  as  it  would  render  tlie  getting  of  a  Jui'y  before  tlie  Circuit  Court  impossilde. 

Lewis  AVasiiington  stated— At  about  1  o'clock  on  Sunday  night  last  he  was  asleep,  and 
was  awoke  by  a  noise  ;  heard  his  name  called;  went  down,  and  was  surrounded  liy  six 
men  ;  Sti-phens  appeared  to  be  in  command  ;  Cook,  Coppie,  and  two  negro  prisoners  were 
along,  and  another  white  man,  whom  he  afterwards  recognized  as  Kagi.  Mr.  Washing- 
ton then  proceeded  to  detail  all  tlie  pariiculars  of  his  taking  as  a  pi'isoner,  with  his 
negroes,  to  the  Armbry,  and  the  subsequent  events  up  to  the  attack  by  the  marines,  and 
his  delivery. 

A.  M.  KiTZjnLLER  gave  the  particulars  of  his  being  taken  prisoner,  and  locked  up  ;  he 
subsequently  had  several  interviews  with  Brown,  who  always  treated  them  witli  a  great 
deal^of  res])ect  and  courtesy;  he  endeavored  to  ascertain  from  Brown  wliat  object  he  had 
in  view,  an tl  he  repeatedly  told  iiim  his  only  object  was  to  free  the  slaves,  and  he  was 
willing  to  fight  the  jiro-slavery  men  to  accomplish  that  object;  on  one  occasion  during 
the  attack  I  said  to  Brown,  "  this  is  getting  hot  work,  and 'if  you  will  allow  me  to  inter- 
fere, I  can  possibly  accommodate  matters  ;"  he  went  out  with  Stephens  with  a  flag  of  truce 
on  Monday  afternoon;  he  requested  Stephens  to  remain  while  he  went  forward,  when 
Stepliens  was  fired  on  and  fell;  I  recognize  only  Brown  and  Stephens  ;  I  counted  only 
twenty-two  men  early  in  the  morning,  armed  with  Sliarjie's  rifles;  when  Stephens  was 
lying  wounded  he  remarked  to  me,  """I  have  been  cruelly  deceived,"  to  which  I  replied, 
"I  wish  I  had  remained  at  home." 

Mr.  Washington  recalled — In  a  conversation  with  Gov.  "Wise,  Brown  was  told  he  need 
not  ansvver  questions  unless  he  chose;  Brown  replied  he  had  nothing  to  conceal  — ho 
had  no  favors  to  ask  ;  that  he  had  ai-ms  enough  for  two  thousand  men,  and  could  get  enough 
for  five  thousand  if  they  were  wanted. 


THE  HARPER'S  FERRY  INSURRECTION".  57 

Armstkad  Ball  detailed  the  particulars  of  his  arrest  by  tlie  insnrgents.  I  liad  an 
interview,  after  his  arrest,  with  Brown,  wlio  stated  that  he  Jiad  come  for  no  cliild's  play, 
and  was  prepared  to  carry  out  his  designs  ;  tliat  his  object  was  not  to  niaice  war  against 
tiie  people,  and  they  would  not  be  injured  if  they  remained  quiet;  his  object  was  tophice 
the  United  States  arms  in  the  hands  of  tlie  Idack  men,  and  lie  proposed  to  free  all  the 
slaves  in  the  vicinity;  Brown  repeatedly  said  his  whole  objtct  was  to  release  the  slaves; 
I  asked  him  if  some  plan  could  not  be  arranged  for  the  liberation  of  myself  and  the  other 
prisoners;  he  said  we  could  only  be  released  by  furnishing  able-bodied  slaves  in  the  place 
of  each;  I  recognize  Stephens,  Green  and  Brown;  Capt.  Brown  told  the  prisoners,  when 
the  charge  of  the  marines  was  about  being  m-ide,  that  though  he  did  not  intend  to  injure 
them  liimself,  they  should  equally  occupy  the  post  of  danger  with  himself,  that  if  they 
were  not  dear  enough  to  their  fellow-citizens  to  accept  the  terms  he  had  proposed  to 
secure  their  safety,  they  must  be  barbarians.  Ooppie,  on  the  other  hand,  told  himself 
and  friends  to  get  behind  the  engines,  that  he  did  not  wish  to  see  any  of  them  injured  ; 
one  of  the  insurgents  (Beckham)  I  heard  say,  "  I  have  dropped  him  ;"  I  did  not  see  Captain 
Brown  fire  once  from  the  engine-iiouse  ;  do  not  think  he  tired  once;  Green  fired  several 
times  ;  the  prisoners  never  were  unreasonably  exposed. 

JoHX  Allstadt,  one  of  the  slave-owners  who  was  brought  into  the  Armory  with  his 
slaves,  detailed  the  particulars  of  the  battering  down  of  his  door,  and  his  seizure  by  six 
armed  men. 

At  this  point  Stephens  appeared  to  be  fainting,  and  a  mattress  was  procured  for  him,  on 
which  he  lay  during  the  remainder  of  the  examination. 

Mr.  Allstadt  re-umed — Thinks  Brown  tired  several  times  ;  knows  he  saw  him  with  a 
gun  levelled  ;  saw  all  the  prisoners,  except  the  yellow  man  Copland. 

Alexander  Kelly  detailed  the  particulars  of  the  collision  with  the  insurgents,  and  the 
exchanging  of  several  shots  ;  could  not  identify  any  of  the  prisoners. 

Wm.  .JonxsoN-  testified  to  the  arrest  of  Copland,  the  yellow  man,  who  was  attempting 
to  e>cape  across  the  river ;  he  was  armed  with  a  spear  and  a  rifle  ;  in  the  middle  of  the 
Shenandoah  ;  he  said  he  had  been  placed  in  charge  of  Hall's  rifle  factory  by  Captain 
Brown. 

Andkew  Kentstedy  was  at  the  jail  when  Copland  was  brought  in  ;  questioned  him ;  he 
said  he  had  come  from  the  Western  Reserve  of  Ohio ;  that  Brown  came  there  in  August, 
and  employed  him  at  twenty  dollars  per  month. 

Mr.  Faulkner  objected  to  the  testimony,  as  implicating  the  white  prisoners. 

The  presiding  judge  said  his  testimony  could  otdy  be  received  as  implicating  himself. 

Mr.  Kennedy  resumed — Copland  said  that  our  object  was  to  liberate  the  slaves  of  this 
country  ;  that  he  knew  of  nineteen  of  the  party,  but  there  were  several  others  he  did  not 
know. 

Joseph  A.  Bkua — Was  one  of  the  prisoners  in  the  engine-house,  and  was  permitted  to 
go  out  several  times  with  a  flag  of  truce  ;  during  the  firing  Coppie  fired  twice,  and,  at  the 
second  fire.  Brown  remarked  "that  man  is  down;"  witness  then  asked  permission  togo 
out,  and  found  that  Mr.  Beckham  had  just  been  shot,  and  has  no  doubt  that  Coppie  shot 
Lim. 

Mr.  Allstadt  recalled — Think  that  Capt.  Brown  shot  the  marine  who  was  killed  ;  saw 
him  tire. 

The  preliminary  examination  being  concluded,  the  Court  remanded  the  prisoners  for 
trial  before  the  Circuit  Court. 


THE  TRIAL  OF  JOHN  BROWN". 

Charlestown,  Tuesday^  Oct.  25,  1859. 

The  Circuit  Court  of  Jefferson  County,  Judge  Richard  Parker  on  the  bench,  assembled 
at  two  o'clock.  The  Grand  Jury  were  called,  and  the  Magistrate's  Court  reported  the 
result  of  the  examination  in  the  case  of  Capt.  Brown  and  the  other  prisoners.  The 
Grand  Jury  retired  with  the  witnesses  for  the  State.  At  five  o'clock  they  returned  into 
Court,  and  stated  that  they  had  not  finished  the  examination  of  witnesses,  and  they  were 
therefore  discharged  until  ten  o'clock  to-morrow  morning.  It  is  rumored  that  Brown  is 
desirous  of  making  a  full  statement  ef  his  motives  and  intentions,  through  the  press,  but 
the  Court  has  refused  all  further  access  to  him  by  reporters,  fearing  that  he  may  put  forth 


68  THE   HAEPER'S  FEREY  INSURRECTION 

something  calculated  to  influence  the  public  mind,  and  to  liave  a  bad  effect  upon  slaves. 
The  mother  of  Cook's  wife  was  in  the  Court  House  throughout  the  examination. 

Coffee  says  tliat  he  had  a  brother  in  the  party,  and  that  Brown  had  three  sons  in  it. 
Also  that  there  were  two  other  persons,  named  Taylor  and  Hazlitt,  engaged,  so  that, 
numbering  Cook,  five  have  escaped,  twelve  were  killed,  and  five  captured,  making  twenty- 
two  in  all. 

Capt.  Brown's  object  in  refusing  the  aid  of  counsel  is,  tliat  if  he  has  counsel  he  will 
not  be  allowed  to  speak  himself,  and  Southern  counsel  will  not  be  willing  to  express  his 
views. 

The  reason  given  for  hurrying  the  trial,  is,  that  the  people  of  the  whole  country  are 
kept  in  a  state  of  excitement,  and  a  large  armed  force  is  required  to  prevent  attempts  at 
rescue. 

The  prisoners,  as  brought  into  the  Court,  presented  a  pitiable  sight — Brown  and 
Stephens  being  unable  to  stand  without  assistance.  Brown  has  three  sword-stabs  in  his 
body,  and  one  sabre-cut  over  the  heart.  Stephens  has  three  balls  in  his  head,  and  had  two 
in  his  breast  and  one  in  his  arm.  He  was  also  cut  on  the  fdrehead  with  a  rifle  bullet, 
which  glanced  off  leaving  a  bad  wound. 

Charlestown,  Wednesday,  Oct.  26,  1859. 

Brown  has  made  no  confession  ;  but,  on  the  contrary,  says  he  has  full  confidence  in  the 
goodness  of  God,  and  is  confident  that  he  will  rescue  him  from  the  perils  that  surround 
him.  He  says  he  has  had  rifles  levelled  at  him,  knives  at  his  throat,  and  his  life  in  as 
great  peril  as  it  now  is,  but  that  God  has  always  been  at  his  side.  He  knows  God  is  witli 
him,  and  fears  nothing. 

Alex.  R.  Boteler,  member  elect  for  Ccmgress  of  this  district,  has  collected  from  50  to 
100  letters  from  the  citizens  of  the  neighborhood  of  Brown's  house,  who  searched  it 
before  the  arrival  of  the  marines.  The  letters  are  in  the  possession  of  Andrew  Hunter, 
Esq.,  who  has  a  large  number  of  letters  obtained  from  Brown's  house  by  the  marines  au'i 
other  parties.  Among  them  is  a  roll  of  the  conspirators,  containing  forty-seven  signa- 
tures ;  an  accurately  traced  map  from  Chambersburg  to  Brown's  house ;  copies  of  letters 
from  Brown,  stating  that  as  the  arrival  of  too  many  men  at  once  would  excite  suspicion, 
they  should  arrive  singly ;  a  letter  from  Merrianj,  stating  that  of  the  twenty  thousand 
wanted,  G.  S.  was  good  for  one-fifth  ;  also  a  letter  from  J.  E.  Cook,  stating  that  the  Mary- 
land election  was  about  to  come  off,  the  people  will  become  excited,  and  we  will  get  some 
of  the  candidates  that  will  join  our  side. 
■  The  Circuit  Court,  Judge  Parker  presiding,  met  at  10  o'clock.  The  Grand  Jury  were 
called,  and  retired  to  resume  the  examination  of  witnesses.  The  Court  took  a  recess, 
awaiting  the  return  of  the  Grand  Jury. 

M.  Johnson,  United  States  Marshal  of  Cleveland,  Ohio,  arrived  this  morning.  Ho 
visited  the  prisoners,  and  identified  Ooplai:d  as  a  fugitive  from  justice  in  Ohio. 

The  excitement  is  unabated,  and  crowds  of  ])ersons  from  the  surrounding  country  are 
here.  The  event  is  regarded  as  proving  the  faithfulness  of  the  slaves,  and  no  fears  are 
entertained  of  them;  but  a  military  guard  is  kept  ui>,  fearing  an  attempt  to  rescue  the 
prisoners. 

Consternation  among  the  slaves  is  caused  by  the  fear  of  being  seized  as  Colonel  "Wash- 
ington's were,  and  they  firmly  believe  the  objtct  of  the  prisoners  was  to  carry  them 
South  and  sell  them.  Not  a  single  slave  has  yet  been  implicated  as  even  sympathizing 
with  the  insurrectionists.  Th.ose  carried  off  have  all  been  captured  and  returned  to  tlieir 
masters. 

Cannon  are  stationed  in  front  of  the  Court  House,  and  an  armed  guard  is  patrolling 
around  the  jail. 

Capt.  Brown  has  consented  to  allow  Mr.  Botts  and  his  assistant,  Mr.  Green,  to  act  as 
his  counsel,  they  assuring  him  tliat  they  will  defend  him  faithfully,  and  give  him  the 
advantage  of  every  [)rivilege  that  the  law  will  allow. 


THE  HAEPER'S  FERRY  INSURRECTIOllT.  69 

Stepliens  declares  tliat  lie  does  not  desire  to  be  defended  by  Northern  counsel,  prefer- 
ri'.iir  Southern,  and  that  the  Court  should  name  them.  There  is  a  decided  sympathy  for 
Stepliens,  not  only  on  account  of  liis  sufferings,  but  that  he  has  shown  none  of  tliat  vin- 
dictiveness  and  hardihood  tliat  characterizes  Brown.  His  regret  is  regarded  as  caused  by 
the  consequences  of  his  folly,  and  the  examination  yesterday  indicated  that  the  other 
prisouers  have  lost  their  confidence  in  Brown,  and  ai'e  not  disposed  to  follow  him  in  his 
defiant  course. 

At  12  o'clock  the  Court  reassembled. 

The  Grand  Jury  reported  a  true  bill  against  the  prisoners,  and  were  discharged. 

Charles  B.  Harding,  assisted  by  Andrew  Hunter,  represents  the  Commonwealth;  and 
Lawson  Botts  and  his  assistant  Mr.  Green,  are  counsel  for  the  prisoners. 

A  true  bill  was  read  agaiust  each  prisoner : 

Fh'st:  For  conspiring  with  negroes  to  produce  insurrection. 

Second :  For  treason  in  the  Commonwealth  ;  and, 

Third:  For  murder. 

The  indictment  was  as  follows: 

Judicial  Circuit  of  Virginia,  Jefferson  County,  to  tcit. — The  Jurors  of  the  Coramon- 
wealtli  of  Virginia,  in  and  fi)r  the  body  of  tlie  County  of  Jefferson,  duly  impanelled, 
and  attending  upon  the  Circuit  Court  of  said  county,  upon  their  oatlis  do  present  that 
John  Brown,  Aaron  0.  Stephens,  alias  Aaron  D.  Stephens,  and  Edwin  Coppie,  white 
men,  and  Shields  Green  and  John  Copland,  free  negroes,  together  with  divers  )ther  evil- 
raiuded  and  traitorous  persons  to  tiie  Jurors  unknown,  not  having  the  fear  of  God  before 
their  eyes,  but  being  moved  and  seduced  by  the  false  and  malignant  counsel  of  other  evil 
and  traitorous  persons  and  tlie  instigations  of  the  devil,  did,  severally,  on  the  sixteenth, 
seventeenth,  and  eighteenth  days  of  tlie  month  of  October,  in  the  year  of  our  Lord  eight- 
een hundred  and  fifty-nine,  and  on  divers  otlierdays  before  and  after  that  time,  within  the 
Commonwealth  of  Virginia,  and  the  County  of  Jefferson  aforesaid,  and  within  tlie  juris- 
diction of  this  Court,  with  other  confederates  to  the  Jurors  unknown,  feloniously  and 
traitorously  make  rebellion  and  levy  war  against  the  said  Commonwealth  of  Virginia, 
and  to  etFeot,  carry  out,  and  fulfill  their  said  wicked  and  treasonable  ends  and  i>urposes 
did,  then  and  there,  as  a  band  of  organized  soldiers,  attack,  seize,  and  hold  a  certain  part 
and  place  within  the  county  and  State  aforesaid,  and  within  the  jurisdiction  aforesaid, 
known  and  called  by  the  name  of  Harper's  Ferry,  and  then  and  there  did  forcibly  cap- 
ture, make  prisoners  of,  and  detain  divers  good  and  loyal  citizens  of  said  Commonwealth, 
to  wit:  Lewis  W.  Washington,  John  M.  Allstadc,  Archibald  M.  Kitzmiller,  Benjamin  J. 
Mills,  John  E.  P.  Dangerfield,  Arinstead  Ball,  John  Donoho,  and  did  then  and  tliere  slay 
and  mar  !er,  by  shooting  with  firearms,  called  S'narpe's  rifles,  divers  good  and  loyal  citizens 
of  said  Coinmonweabh,  to  wit:  Thomas  Boerly,  George  W.  Turner,  Fontaine  Beckham, 
together  with  Luke  Quinn,  a  soldier  of  the  United  States,  and  Hay  ward  Sheppard,  a  free 
negro,  and  did  then  and  there,  in  manner  aforesaid,  wound  divers  other  good  and  loyai 
citizens  of  said  Commonwealth,  and  did  then  and  there  feloni(msly  and  traitorously 
estalilisli  and  set  up,  without  autliority  of  the  Legislature  of  the  Common wealtli  of  Vir- 
ginia, a  Government,  separate  from,  and  hostile  to,  the  existing  Government  of  said 
Commonwealth;  and  did  then  and  there  hold  and  exercise  divers  offices  under  said  usurped 
Government,  to  wit:  the  said  John  Brown  as  Commander-in-Ghief  of  the  military  forces, 
the  said  Aaron  C.  Stephens,  alias  Aaron  D.  Stephens,  as  Captain;  the  said  Edwin  Coppie, 
as  Lieutenant,  and  the  said  Shields  Green  and  John  Copland  as  soldiers;  and  did  then 
and  there  require  and  compel  obedience  to  said  oflicers ;  and  then  there  did  hold  and 
profess  allegiance  and  fidelity  to  said  usurped  Government;  and  under  color  of  the 
usurped  autnority  aforesaid,  did  then  and  there  resist  forcibly  and  with  warlike  arms,  the 
execution  of  the  laws  of  the  Commonwealtli  of  Virginia,  and  with  firearms  did  wound 
and  maim  divers  other  good  and  loyal  citizens  of  said  Commonwealth,  to  the  Jurors 
unknown,  when  attempting,  with  lawful  authority,  to  uphold  and  maintain  said  Consti- 
tution and  laws  of  the  Commonwealth  of  Virginia,  and  for  the  purpose,  end,  and  aim  of 
overthrowing  and  abolisiiing  tlie  Constitution  and  laws  of  said  Commonwealth,  and 
estahlisiiing  in  tlie  place  thereof,  another  and  different  government,  and  constitution  and 
laws  hostile  thereto,  did  then  and  there  feloniously  and  traitt)rously,  and  in  military  array, 
join  in  open  battle  and  deadly  warfare  with  the  civil  officers  and  soldiers  in  the  lawful 
service  of  the  said  Commonwealth  of  Virginia,  and  did  then  and  there  shoot  and  dis 


,60  THE  HARPER'S  FERRY  INSURRECTION 

charge  clivers  guns  and  pistols,  charged  with  gunpowder  and  leaden  bullet?,  against  and 
upon  divers  parties  of  the  militia  and  volunteers  embodied  and  acting  under  tlie  command 
of  Colonel  Robert  "W,  Baylor,  and  of  Colonel  Jt)l)n  Thomas  Gibson,  and  other  officers  of 
said  Commonvvealtli,  with  lawful  authority  to  quell  and  subdue  the  said  John  Brown, 
Aaron  C.  Stephens,  alias  Aaron  D.  Stephens,  Edwin  Cop[)ie,  Shields  Green,  and  Jolm 
Copland,  and  other  rebels  and  traitors  assembled,  organized,  and  acting  witii  tliem,  as 
aforesaid,  to  the  evil  example  of  all  others  iu  like  case  offending,  and  against  the  peace 
and  dignity  of  the  Commonwealth. 

Second  Count. — And  the  Jurors  aforesaid,  upon  their  oaths  aforesaid,  do  further  present 
that  the  said  John  Brown,  Aaron  0.  Stephens,  alias  Aaron  D.  Stephens,  Edwin  Coppie, 
Shields  Green,  and  John  Copland,  severally,  on  the  sixteenth,  seventeenth,  and  eighteenth 
days  of  October,  in  the  year  of  our  Lord  eighteen  hnndred  and  fifty-nine,  in  the  said 
County  of  Jefferson,  and  Commonwealth  of  Virginia,  and  within  the  jurisdiction  of  this 
Court,  not  having  the  fear  of  God  before  their  eyes,  but  moved  and  seduced  by  the  false 
and  malignant  counsels  of  others,  and  the  instigations  of  the  devil,  did  each  severnllj^, 
maliciously,  and  feloniously  conspire  with  eacli  other,  and  with  a  certain  Jolm  E.  Cook, 
John  Kagi,  Charles  Tidd,  and  others  to  the  jurors  unknown,  to  induce  certain  slaves,  to 

wit: — Jim,  Sam,  Mason,  and  Catesby the  slaves,  and  property 

of  Lewis  W.  Washington,  and  Henry,  Levi,  Ben,  Jerry,  Phil,  George,  and  Bill,  the  slaves 
and  property  of  John  H.  Allstadt,  and  other  slaves  to  the  Jurors  unknown,  to  rebel  and 
make  insurrection  against  their  masters  and  owners,  and  against  the  Government  and  tlie 
Constitution  and  laws  of  the  Commonwealth  of  Virginia:  and  then  and  tliere  did  mali- 
ciously and  feloniously  advise  said  slaves,  and  other  slaves  to  tlie  Jurors  unknown,  to  rebel 
and  make  insurrection  against  their  masters  and  owners,  and  against  the  Government,  the 
Constitution  and  laws  of  the  Commonwealth  of  Virginia  to  the  evil  example  of  all  others 
in  like  cases  offending  and  against  the  peace  and  dignity  of  the  OomnKmwealth. 

Third  Count. — And  the  Jurors  aforesaid,  upon  their  oaths  aforesaid,  further  present  that 
the  said  John  Brown,  Aaron  0.  Stephens,  alias  Aaron  D.  Stephens,  Edwin  Coppie,  Shields 
Green,  and  John  Copland,  severally,  on  the  sixteenth,  seventeenth,  and  eighteenth  days  of 
October,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-nine,  in  tlie  county 
of  Jefferson  and  the  Commonwealtli  of  Virginia  aforesaid,  and  witliin  the  jurisdiction  afore- 
said, in  and  upon  the  bodies  of  Thomas  Boerly,  George  W.  Turner,  Fontaine  Beckham, 
Luke  Quinn,  white  persons,  and  Hay  ward  Slieppard,  a  free  negro,  in  the  peace  of  the 
Commonwealth  then  and  there  being,  feloniously,  willfully,  and  of  their  malice  aforethouglit, 
did  make  an  assault,  and  with  firearms  called  Sharpe's  rifles,  and  otlier  deadly  weapons  to 
the  Jurors  unknown,  then  and  there,  charged  with  gunpowder  and  leaden  bullets,  did  tiien 
and  there  feloniously,  willfully,  and  of  their  malice  aforethought,  shoot  and  discliarge  tlir 
same  against  the  bodies  severally  and  respectively  of  the  said  Thomas  Boerly,  George  W. 
Turner,  Fontaine  Beckham,  Luke  Quinn,  and  Hayward  Slieppard;  and  that  tbe  said  John 
Brown,  Aaron  0.  Stephens,  alias  Aaron  D.  Stephens,  Edwin  Coppie,  Shields  Green,  and 
John  Copland,  with  the  leaden  bullets  aforesaid,  out  of  the  firearms  called  Sharpe's  rifles, 
aforesaid,  shot  and  discharged  as  aforesaid,  and  with  the  other  deadly  weapons  to  the 
jurors  unknown,  as  aforesaid,  then  and  there  feloniously,  willfully,  and  of  tiieir  malice 
aforethought  did  strike,  penetrate  and  wound  the  said  Thomas  Boerly,  George  AV.  Turner, 
Fontaine  Beckham,  Luke  Quinn,  Hayward  Slieppard,  each  severally;  to  wit:  the  said 
Thomas  Boerly  in  and  upon  the  left  side;  the  said  George  W.  Turner  in  and  upon  the 
left  shoulder;  the  said  Fontaine  Beckham  in  and  ujion  the  right  breast;  the  said  Luke 
Quinn  in  and  upon  the  abdomen,  and  the  said  Hayward  Sheppard  in  and  u|)on  the  back 
and  side,  giving  to  the  said  Thomas  Boerly,  George  W.  Turner,  Fontaine  Becklmm,  Luke 
Quinn,  Hayward  Sheppard,  then  and  there  with  the  leaden  bullets,  so  as  aforesaid  shot 
and  discharged  by  them,  severally  and  respectively  out  of  the  Sharpe's  rifles  aforesaid, 
and  with  the  other  deadly  weapons  to  the  Jurors  unknown,  as  aforesaid,  each  one 
mortal  wound,  of  which  said  mortal  wounds  they  the  said  Thomas  Boerly,  George  W. 
Turner,  Fontaine  Beckham,  Luke  Quinn,  and  Hayward  Sheppard  each  died;  and  so  the 
Jurors  aforesaid,  upon  their  oaths  aforesaid,  do  say  that  the  said  John  Brown,  Aaron  C. 
Stephens,  alias  Aaron  D.  Stephens,  Edwin  Coppie.  Shields  Green,  and  John  Copland, 
then  and  there,  them  the  said  Thomas  Boerly,  George  W.  Turner,  Fontaine  Beckham, 
Luke  Quinn,  and  Hayward  Sheppard,  iu  the  manner  aforesaid,  and  by  the  means  afore- 
said, feloniously,  willfully,  and  of  their,  and  each  of  their  malice  aforethought,  did  kill 
and  murder,  against  the  peace  and  dignity  of  the  Commonwealth. 

Fourth  Count. — And  the  Jurors  aforesaid,  upon  their  oaths  aforesaid,  further  present  that 
the  said  John  Brown,  Aaron  0.  Stephens,  alias  Aaron  D.  Stephens  and  Edwin  Coppie  and 


THE  HARPEE'S  FERRY  INSURRECTION.  61 

Shields  Green,  each  severally  on  tlie  seventeenth  day  of  October,  in  the  year  of  our  Lord 
eighteen  hundred  and  fifty-nine,  in  the  County  of  Jefferson  and  Coninionvvealth  of  Virjiiniii 
aforesaid,  and  witliin  tiie  jurisdiction  of  tiiis  Court,  in  and  upon  tlie  bodies  of  certain  Thomas 
Boerly,  George  W.  Tui'iier,  and  Fontaine  Beckham,  in  tlie  peace  of  the  Commonwealth, 
then  and  tliere  being  feloniously,  willfully,  and  of  their  malice  aforethought,  did  nial<e  an 
assault,  and  with  guns  called  Sharpe's  rifles,  tlien  and  there  charged  witli  guni)o\vder  and 
leaden  bidlets,  did  then  and  there  feloniously,  willfully,  and  of  their,  and  each  of  their 
malice  af  "rethought,  shoot  and  di>chai'ge  the  same  against  the  bodies  of  the  said  Thomas 
Boerly,  George  W.  Turner,  and  Fontaine  Beckham  and  that  the  said  John  Brown,  Aarou 
C.  Stephens,  nlias  Aaron  D.  Stephens,  E<hviu  Coppie,  and  Shields  Green,  with  leadea 
bullets  aforesaid,  shot  out  of  the  Sharpe's  rifles  aforesaid,  then  and  there,  feloniously,  will- 
fully, and  of  their  malice  aforethought,  did  strike,  penetrate,  and  wound  the  said  Thomas 
Boerly,  George  W.  Turner,  and  Fontaine  Beckham,  each  severally,  viz.:  Tlie  said  Thomas 
Boerly  in  and  upon  the  left  side;  the  said  George  AV.  Turner,  in  and  upon  the  left 
shoulder  and  breast,  and  the  said  Fontaine  Beckham  in  and  upon  the  right  breast,  giving 
to  the  -aid  Tliomas  Boerly,  George  W.  Turner,  and  Fontaine  Beckham,  then  and  there, 
with  leaden  bullets  aforesaid,  shot  by  them  severally  out  of  Sharpe's  rifles  afore-^aid,  each 
one  n\oit;il  wound,  of  which  ankl  mortal  wounds  tiiey  the  said  Thomas  Boerly,  George 
W.  Turner,  and  Fontaine  Beckham  then  and  there  died ;  and  that  the  said  John  Cop- 
land, then  and  there,  feloniously,  willfully,  and  of  his  malice  aforethought,  was  present, 
aiding,  helping,  abetting,  comforting  and  assisting  the  said  John  Brown,  Aaron  C.Stephens, 
aliasAaron  D.  Stephens,  Edwin  Cop|iie,  and  Shields  Green  in  the  felony  and  nmrder  afore- 
said, in  manner  aforesaid  to  commit.  And  so  the  Jurors  aforesaid,  upon  tlieir  oailis,  do 
say  that  tlie  said  John  Brown,  Aaniu  C.  Stephens,  alias  Aaron  D.  Srephens,  Edwia 
Coppie,  Sliields  Green,  and  John  Copland,  then  and  there  them,  the  said  Thomas 
Boeily,  George  W.  Turner,  and  Fontaine  Beckham,  in  the  manner  afore>aid  and  by  the 
means  a'oresaid,  feloniously,  willfully,  and  of  their  and  each  of  their  malice  aforethought, 
did  kill,  and  murder  against  the  peace  and  dignity  of  the  Commonwealth  of  Virginia. 

Lewis  W.  Washington,  John  II.  Allstadt,  John  E.  P.  Dangerfield,  Alexander  Kelly, 
Emanuel  Spantrler,  Armstead  M.  Ball,  Joseph  A.  Bi-ua,  William  Johnson,  Lewis  P.  Starry, 
Archibald  H.  Kitzmiller,  were  sworn  in  open  Court  this  2Gih  day  of  October,  1859,  to 
give  evidence  to  the  Grand  Jury  upon  this  bill  of  indictment. 

Teste :  Robkkt  T.  Beown,  Clerk, 

A  true  copy  of  said  iodictment. 

Teste :  Robert  T.  Beown, 

Clerk  of  the  Circuit  Court  of  Jefferson  County,  in  the  State  of  Virginia. 

Wliich  bill  of  indictment  the  Grand  Jury  returned  this  26th  day  of  October. 

A  true  bill.  Thomas  Ruthebfoed,  Foreman. 

October,  26,  1859. 

The  prisoners  were  brought  into  court,  accompanied  by  a  body  of  armed  jnen.  They 
passed  through  the  streets,  and  entered  the  Court  House  without  the  slightest  demonstra- 
tion on  the  part  of  the  people. 

Brown  looked  something  better,  and  his  eye  was  not  so  much  swollen.  Stevens  had  to 
be  supported,  and  reclined  on  a  mattress  on  tlie  floor  of  the  court-room,  evidently  unable 
to  sit.     He  has  the  appearance  of  a  dying  man,  breathing  wmi  great  difiiculty. 

Before  the  reading  of  the  arraignment, 

Mr.  IIuxTEE  called  the  attention  of  the  Court  to  the  necessity  of  appointing  additional 
counsel  for  the  prisoners,  stating  that  one  of  the  counsel  (Faulkner)  appointed  by  the 
County  Court,  considering  his  duty  in  that  capacity  as  having  ended,  had  left.  The  pri- 
soners, therefore,  had  no  other  counsel  than  Mr.  Botts.  If  tlie  Court  was  about  to  assitm 
them  other  counsel,  it  might  be  jiroper  to  do  so  now. 

The  Court  stated  that  it  would  as-^igu  them  any  members  of  the  bar  they  might  select. 

Afier  consuming  Capt.  Brown,  Mr.  Borxs  said  that  the  prisoner  retained  him,  and  desired 
to  have  Mr.  Green,  his  assistant,  to  assist  him.  If  the  Court  would  accede  to  that  arrange- 
ment, it  would  be  very  agreeable  to  him  personally. 

The  CouET  requested  Mr.  Green  to  act  as  counsel  for  the  prisoner,  aad  he  consented  to 
do  so. 


62  THE  HARPEE'S   FERRY  INSURRECTIOIN'. 

Ciipt.  Bkown  tlien  rose  and  said  :  I  do  not  intend  to  detain  the  Court,  but  barely  wish 
to  say,  as  I  have  been  i)rouiised  a  fair  trial,  that  I  am  not  now  in  circumstances  that 
enable  :ne  to  attend  a  trial,  owing  to  the  state  of  my  health.  I  have  a  severe  wound  in 
the  bade,  or  ratiier  in  one  kidney,  which  enfeebles  me  very  jnnch.  But  I  am  du'iii^  well, 
and  I  only  ask  for  a  very  short  delay  of  mj'  trial,  and  I  think  I  may  get  able  to  li>tcn  to 
it;  anil  1  merely  ask  this,  that,  as  the  saying  is,  ''the  devil  nia\  have  his  dues,"  no  more. 
I  wish  to  say,  further,  tliat  my  hearing  is  impaired,  and  rendered  indistinct,  in  conse- 
quence of  wounds  I  have  about  my  head.  I  canncit  he.ir  distinctly  at  all;  I  could  rot 
hear  what  the  Court  has  said  this  morning.  I  would  be  glad  to  hear  wliat  it  said  on  my 
trial,  and  am  nitw  doing  better  than  I  could  expect  to  be  under  the  circumstances.  A 
very  short  delay  would  be  all  I  would  a>k.  I  do  not  presume  to  ask  more  than  a  very 
short  delay,  so  that  I  may  in  some  degree  recover,  and  be  able  at  least  to  listen  to  my  trial, 
and  hear  what  questions  are  asked  of  the  citizens,  and  what  their  answers  are.  If  that 
could  be  allowed  me,  I  should  be  very  much  obliged. 

Mr.  Hunter  said  tliat  the  request  was  rather  premature.  The  arraignment  should  be 
made,  atul  this  question  could  then  be  considered. 

Tlie  Court  ordered  the  indictment  to  be  read,  so  that  the  prisoners  could  plead  guilty 
or  not  guilty,  and  would  then  consider  Mr.  Brown's  request. 

The  prisoners  were  compjelled  to  stand  during  the  arraignment,  but  it  was  with  diffi- 
culty, Stevens  being  held  upright  by  two  bailiffs. 

The  reading  of  the  indictment  occupied  about  twenty  minutes;  each  of  the  prisoners 
responded  to  the  question,  "  Not  Guilty,"  and  desired  to  he  tried  separately. 

Mr.  Hunter — The  State  elects  to  try  John  Bmwn  first. 

Mr.  BoTTS — 1  am  instructed  by  Brown  to  say  that  he  is  mentally  and  physically  unable 
to  i)rocceed  with  his  trial  at  this  time.  He  has  heard  to-day  that  counsel  of  liis  own 
choice  will  be  here,  whom  he  will,  of  course,  prefer.  He  oidy  asks  for  a  delny  of  two 
or  three  days.  It  seems  to  me  but  a  reasonable  request,  and  I  hope  the  Court  will 
grant  it. 

Mr.  Hunter  said  he  did  not  think  it  the  duty  of  the  prosecutor  for  the  Commonwealth 
or  for  one  occupying  the  position,  to  oppose  anything  that  justice  required,  nor  to  object 
to  anything  that  involved  a  simple  consideratiiui  of  humanity,  where  it  could  be  )>roi)erly 
allowed;  yet,  in  regard  to  this  proposition  to  delay  the  trial  of  John  Brown  two  or  three 
days,  they  deemed  it  their  duty  that  the  Court,  before  determining  matters,  should  be  put 
in  possession  of  facts  and  circumstsmces,  judicially,  that  they  were  aware  of  in  the  line  of 
their  duties  as  prosecutors.  His  own  opinion  was,  that  it  was  not  proper  to  delay  the 
trial  of  this  prisoner  a  single  day,  and  that  there  was  no  necessity  for  it.  He  alluded  iu 
general  terms  to  the  condition  of  things  that  surrounded  them.  They  were  such  as  to 
render  it  danserous  to  delay,  to  say  nothing  of  their  exceeding  pressure  upon  the  physical 
resources  of  the  community,  growing  out  of  circumstances  connected  with  nttairs  for 
which  the  prisoners  were  to  be  tried.  He  said  our  laws  in  making  provisions  for  allowing, 
in  the  discretion  of  the  Court,  briefer  time  than  usual  in  cises  of  conviction,  for  ^uch 
offenders,  between  the  condemnation  and  execution,  evidently  indicates,  indirectly,  the 
necessity  of  acting  proraptl^and  decisively,  though  always  justly,  in  proceedings  of  this 
kind.  In  reference  to  Broviji's  physical  condition,  he  asked  the  Court  not  to  receive  the 
unimportant  statements  of  the  prisoner  as  sufficient  ground  for  delay,  but  that  the  jailer  nnd 
physician  be  examined.  As  to  expecting  counsel  from  abroad,  he  said  that  no  imjiedi- 
meut  had  been  thrown  in  the  way  of  the  prisoners'  ]»rocaring  such  counsel  as  they  de>ired, 
but,  on  the  contrary,  every  facility  had  been  afforded,  able  and  intelligent  counsel  had 
been  assigned  them  here,  and  he  appreliended  that  there  was  little  reason  to  expect  the 
attendance  of  those  gentlemen  from  the  North  who  had  been  written  for.  There  was 
also  a  ])ubHc  duty  resting  upon  them'  to  avoid,  as  far  as  po-sible.  within  the  forms  of  Jaw, 
and  with  reference  to  the  great  and  never-to-be-lost-sight-of  giving  a  fair  and  impurtial 
trial  to  the  prisoners,  the  introduction  of  anything  likely  to  weaken  our  present  position, 
and  give  strength  to  our  enemies  abroad,  whet'ier  it  issues  from  the  Jury  iu  time,  or 
•whether  it  comes  from  the  mouths  of  the  prisoners  or  any  other  source.  It  was  their 
position  that  had  been  imperilled  and  jeopardized,  as  they  sup[)osed  by  enemies. 

Mr.  Harding  concurred  in  the  objection   of  Mr.  Hunter,  on   the  ground  of  danger  in 
delay,  and  also  because  Brown  was  the  leader  of  the  insurrection,  and  his  trial  ought  to 


THE  IIARPEE'S  FERRY  INSURRECTION.  63 

be  proceeded  with  on  account  of  tlie  iidvaiitage  tliereby  accruing  to  the  trial  of  tiie 
otlit-rs. 

Mr.  GRKE>f  reniarlced  tliat  he  liad  had  no  opportunity  of  consulting  willi  liie  prisoner, 
or  preparing  a  defence.  The  letters  for  Nortliern  counsel  liad  been  sent  olf,  but  not  suffi- 
cient time  lias  been  atforded  to  receive  answers.  Under  the  circumstances,  he  thouglit  a 
sliort  (lehiy  desirable. 

Mr.  fJOTTS  ad<led  that  at  present  tlie  excitement  was  so  great  as  perliaps  to  deter 
Nortiiein  counsel  from  coming  out;  but  now  that  it  iiad  been  jiromised  tliat  tlie  prisoners 
should  have  a  fair  and  impartial  trial,  he  presumed  that  they  would  come  and  take  part 
iu  the  case. 

The  Court  stated  that  if  physical  Inabilitj-  were  shown,  a  reasonable  delay  must  be 
granted.  As  to  the  expectation  of  other  counsel,  that  did  not  constitute  a  sufficient  cause 
for  delay,  as  there  was  no  certainty  about  theii-  coming.  Under  the  circumstances  in 
which  the  prisoners  wore  situated,  it  was  rational  tiiat  they  should  seek  delay.  The  brief 
period  remaining  before  the  clothe  of  the  term  of  the  Court,  rendered  it  necessary  to  pro- 
ceed as  expeditiously  as  practicable,  and  to  be  cautious  about  granting  delays.  He  would 
request  the  physician  who  had  attended  Brown  to  testify  to  as  his  condition. 

Dr.  Mason  tliought  Brown  was  able  to  go  on  understandingly  with  the  trial.  He  did 
not  tliink  his  wounds  were  such  as  to  affect  his  mind  or  recollection,  lie  had  always 
conversed  freely  and  intelligibly  about  this  atfair.  Heiiadheard  him  complain  of  debility, 
but  not  of  hardness  of  hearing. 

Mr.  Cockerel,  one  of  the  guards  of  the  jail,  said  that  Brown  had  always  been  ready  to 
converse  freelv. 


The. Court  refused  to  postone  the  trial,  and  the  whole  afternoon  was  occupied  in  obtain- 
ing a  jury  for  the  trial  of  Brown,  who  was  brought  into  court  on  a  cot. 

Afternoon  Session,  2  o'clock. 

The  jailer  was  ordered  to  bring  Brown  into  court.  He  found  him  in  bed,  from  which 
he  declared  himself  unable  to  rise.  He  was  accordingly  brought  into  court  on  a  cot, 
which  was  set  down  within  the  bar.  The  prisoner  laid  most  of  the  time  with  his  eyes 
closed,  and  the  counterpane  drawn  up  close  to  his  chin.  The  jury  were  then  called  and 
sworn.  The  jurors  were  questioned  as  to  having  formed  or  expressed  any  opinion  that 
would  prevent  their  deciding  the  case  impartially  on  the  merits  of  the  testimony.  The 
Court  excluded  those  who  were  present  at  Harper's  Ferry  during  the  insurrection  and 
saw  the  prisoners  perpetrating  the  act  for  whicli  they  are  about  to  be  tried.  They  were 
all  from  distant  parts  of  the  country,  mostly  farmers — some  of  them  owning  a  few  slaves, 
and  others  none.  The  examination  was  continued  nntil  24  were  decided  by  the  Court 
and  counsel  to  be  competent  jurors.  Out  of  these  24,  the  counsel  fn*  the  jirisoner  had  a 
right  to  strike  oft"  eight,  and  then  twelve  are  drawn  by  ballot  out  of  the  remaining  sixteen. 
The  following  were  the  questions  put  to  the  jurors: 

"Were  you  at  Harper's  Ferry  on  Monday  or  Tuesday  ?  ^ 

How  long  did  you  remain  there?  ' 

Did  you  witness  any  of  the  proceedings  for  which  this.i'>arty  is  to  be  tried  ? 

Did  you  form  or  express  any  opinion  from  what  you  saw  there  with  regard  to  the  guilt 
of  innocence  of  these  people  ? 

Would  that  opinion  disqualify  you  from  giving  these  men  a  fair  trial  ? 

Did  you  h^r  any  of  the  evidence  in  this  case  before  the  Examining  Court? 

What  was  your  opinion  based  on? 

Was  it  a  decided  one,  or  was  it  one  which  would  yield  to  evidence,  if  the  evidence  Avas 
diiferent  from  what  you  supposed? 

Are  you  sure  that  you  can  try  this  case  impartially  from  the  evidence  alone,  witlmut 
reference  to  anything  you  have  heard  or  seen  of  this  transaction? 

Have  you  any  conscientious  scrn]iles  against  convicting  a  part}"  of  an  I'tfeiice  to  which 
the  law  assigns  the  punishment  of  death,  merely  because  that  is  the  penalty  assigned? 


64  THE  HARPEE'S  FERRY  INSURRECTI02T. 

The  following  were  finally  fixed  upon  as  the  twelve  Jurors: 

RiOIIARD    TiMBEKLAKE,  JaCOB    J.  MiLLER, 

JosEPri  Myeks,  Thomas  Osborxe, 

Thomas  Watson,  je.,  George  W.  Boyer, 

Isaac  Dcst,  John  0.  Wiltshire, 

John  0.  McClttre,  George  W.  Tapp, 

William  Riohtsdale,  William  A.  Martix, 

The  Jury  were  not  sworn  on  the  case,  but  the  Judge  cliarged  them  not  to  converse 
upon  the  case  or  to  permit  others  to  converse  Avith  tiiem.  They  were  dismissed  at  five 
o'clock,  and  the  prisoner  was  then  carried  over  to  the  jail  on  his  cot,  and  the  Court 
adjourned  till  morning. 


SECOND  DAY. 

Charlestown,  Thursday,  Oct.  27,  1859. 

Brown  was  brought  in  walking,  and  laid  down  on  liis  cot  at  full  length  within  the  bar. 
He  looked  considerably  better,  the  swelling  having  left  his  eyes. 

Senator  Mason  was  present. 

Messrs.  Harding  and  Hunter  again  appeared  for  the  Commonwealth,  and  Messrs.  Botts 
and  Green  for  tlie  prisoner. 

Mr.  Botts  read  the  following  dispatch,  which  was  received  tliis  morning: 

"  Akron,  Ohio,  Thursday,  Oct.  26,  1859. 
"  To  C.  J.  Faulkner,  and  Lawson  Botts  : 

"Joim  Brown,  leader  of  the  insurrection  at  ITarper's  Ferry,  and  several  of  his  family 
have  resided  in  this  county  many  years.  Insanity  is  hereditary  in  that  famil}'.  His 
mother's  sister  died  with  it,  and  a  daugiiter  of  that  sister  lias  been  two  years  in  a  Lunatic 
Asylum.  A  son  and  daughter  of  his  mi>ther's  brother  have  also  been  confined  in  the 
limatic  asylum,  and  another  son  of  that  brother  is  now  insane  and  under  close  restraint. 
Tliese  facts  can  be  conclusively  proven  by  witnesses  residing  here,  who  will  doubtless 
attend  the  trial  if  desired. 

"A.  H.Lewis." 

William  C.  Allen,  telegraphic  operator  at  the  Akron  office,  adds  to  the  above  dispatch 
that  A.  H.  Lewis  is  a  resident  of  that  place,  and  his  statements  are  entitled  to  implicit 
credit. 

Mr.  Botts  said  that  on  receiving  the  above  dispatch  he  went  to  the  jail  with  his  asso- 
ciate, Mr.  Green,  and  read  it  to  Brown,  and  is  desired  by  the  latter  to  say  that  in  bis 
father's  family  there  has  never  been  any  insanity  at  all.  On  his  mother's  side  there  have 
been  repeated  instances  of  it.  He  adds  that  his  first  wife  showed  symptoms  of  it,  which 
were  also  evident  in  his  first  and  second  sons  by  that  wife.  Some  portions  of  the  state- 
ments in  tlie  dispatch  lie  knows  to  be  correct,  and  of  other  portions  he  is  ignorant.  He 
does  not  know  whetlier  his  mother's  sister  died  in  the  lunatic  asylum,  but  he  (h)es  believe 
that  a  daughter  of  tjjat  sister  has  been  two  years  in  the  asjlum.  He  also  believes  that  a 
son  and  daughter  of  his  mother's  brother  have  been  confined  in  an  asylum;  but  lie  is  not 
apprised  of  the  fact  that  another  son  of  that  brother  is  now  insane  and  in  close  confine- 
ment. Brown  also  desires  his  counsel  to  say  that  he  does  not  put  in  the  plea  of  insanity, 
and  if  he  has  been  at  all  insane  he  is  totally  unconscious  of  it,  yet  he  adds  that  those  who 
are  most  insane  generally  suppose  that  they  have  more  reason  and  sanity  tlian  tiiose 
around  tiiem.  For  himself  he  disdains  to  put  in  that  plea,  and  seeks  no  inununity  of  the 
kind.  Tiiis  movement  is  made  totally  without  his  approbation  or  concurrence,  and  was 
unknown  to  him,  till  the  recei[)t  of  the  dispatch  above. 

Brown  then  raised  himself  up  in  bed,  and  said :  ''  I  will  add,  if  the  Court  will  allow 


THE  HARPER'S  FERRY  INSURRECTION".  65 

me,  that  I  look  upon  it  as  a  miserable  artifice  and  pretext  of  tliose  who  ought  to  take  a 
ditFerent  course  in  regard  to  me,  if  tliey  took  any  at  all,  and  I  view  it  with  contempt  more 
than  otherwise.  As  I  remarked  to  Mr.  Green,  insane  persons,  so  far  as  my  experience 
goes,  have  but  little  ability  to  judge  of  their  own  sanity;  and,  if  I  am  insane,  of  course  I 
sliould  thiidv  I  know  more  than  all  the  rest  of  the  world.  But  1  do  not  think  so.  I  am 
perfectly  unconscious  of  insanity,  and  I  reject,  so  far  as  I  am  capable,  any  attempt  to 
interfere  in  my  belialf  on  that  score." 

Mr.  BoTTS  stated  that  he  was  further  instructed  by  Mr.  Brown  to  say  that,  rejecting  tliia 
plea  entirely,  and  seeking  no  delay  for  that  reason,  he  does  repeat  to  the  Court  his  request 
made  yesterday,  that  time  be  given  for  the  foreign  counsel  to  arrive  that  he  has  now 
reason  to  expect. 

Yesterday  afternoon  a  dispatch  was  received  from  Cleveland,  Ohio,  signed  "Dan. 
Tilden,"  dated  October  26,  asking  Brown  whether  it  would  be  of  use  for  counsel  to  leave 
last  night.  To  this  dispatch  answer  was  returned  ttiat  the  Jury  would  be  sworn  this 
morning,  and  that  Brown  desired  the  counsel  to  come  at  once. 

The  telegrai)hic  operator  here  stated  that  this  dispatch  would  be  sent  off  at  once,  in 
advance  of  the  dispatches  sent  by  reporters,  and  he  had  learned  this  morning  tliat  it  was 
sent  before  the  storm  of  last  night  interrupted  communication,  and  that  counsel  might 
reach  here  by  12  or  1  o'clock  to-night. 

The  course  taken  by  Brown  this  morning  makes  it  evident  that  lie  sought  no  postpone- 
ment for  the  mere  purpose  of  delay,  as  he  rejects  the  plea  of  insanity.  Still,  in  his  opinion 
lie  could  have  a  fairer  trial  if  the  defence  were  conducted  by  his  own  counsel  than  if  he 
were  defended  by  the  counsel  at  present  here. 

Mr.  ITuxTEP.  observed  that  the  prisoner's  counsel  having  renewed  the  motion  of  yesterday 
for  delay  for  a  specific  period,  indicated  and  based  upon  information  received  in  the  form 
of  a  telegram,  the  question  now  was  whether  there  was  sufficient  grounds  in  this 
additional  information  to  cliange  tlie  decision  announced  by  the  Court  yestei-day  on  the 
same  motion.  If  the  Court  did  not  at  once  deem  this  circumstance  wholly  insufficient, 
before  the  decision  was  made  the  counsel  for  the  Commonwealth  deemed  it  liis  duty  to 
call  attention  to  two  or  tliree  matters  connected  with  tlie  affair.  Tliougli  desirous  to 
avoid  forestalling  tlie  trial  of  this  case,  in  regard  to  the  present  prisoner  at  the  bar,  they 
were  prepared  to  prove  tliat  lie  had  made  open,  repeated,  and  constant  acknowledgment 
of  everything  cliarged  against  him.  He  had  gloried  in  it,  and  we  have  but  an  exhibition 
of  the  same  spirit  and  the  same  purpose  in  his  announcement  that  he  would  permit  no 
defence  of  insanity  to  be  put  in.  Wijat  does  he  mean  by  wishing  delay  for  the  purpose 
of  having  a  fair  trial?  In  a  proper  sen=e,  and  in  the  only  sense  in  which  it  can  be 
regarded  by  tlie  Court,  it  is  a  tair  trial  according  to  the  laws  of  Virginia,  and  the  safe- 
guards against  Avronging  the  prisoner  wliich  these  laws  throw  around  him.  If  the 
prisf>ner's  idea  of  a  fair  trial  is  to  have  it  so  shaped  as  to  produce  a  fairness  in  his  con- 
ception, outside  of  what  the  laws  recognize,  it  becomes  the  duty  of  the  c()unsel  tor  the 
Cumuionwealth,  and,  as  he  appreliended,  of  the  Co.irt,  to  resist  any  attempt  of  that  kind. 
Considering  the  surrounding  circumstances,  to  which  it  was  unnecessary  to  particularly 
advert,  tliere  could  be  no  right  to  claim  delay,  except  so  far  as  the  prisoner  could  show 
in  a  relialde  form  that  such  delay  was  necessary  to  do  justice  in  his  particular  case, 
according  to  the  laws  and  policy  of  the  State  of\'^rgioia.  In  regard  to  tlie  telegram 
read,  we  know  not  who  this  Mr.  Lewis  is.  We  know  not  whether  he  is  to  come 
here  ns  counsel  for  the  prisoner,  or  whether  he  wants  to  liead  a  band  of  desperadoes. 
"We  have  a  right  to  believe  the  latter  as  well  as  the  former.  There  had  been  time  enough 
since  tlie  letter  for  northern  counsel  was  mailed  last  Saturday,  for  it  to  reach  him,  and 
for  liim  to  arrive  here  ere  this,  if  he  had  designed  coming.  It  was  fairly  inferable  tiiat 
he  did  not  intend  to  come,  and  the  telegram  did  not  say  he  would  come.  But  might  it 
not  be  an  attempt  to  gain  time  and  learn  the  latest  day  when  a  rescue  could  be  attempted? 
While  commending  the  earnestness  and  zeal  of  the  prisoner's  counsel,  he  must  ask  the 
Court  to  rt-ject  tlie  motion,  and  proceed  with  tlie  trial  at  once. 

Mr.  IIardixg  would  be  reluctant  to  witlihold  from  a  prisoner  charged  with  a  crime  of 
the  greatest  enormity,  as  in  tlie  present  case,  anything  calculated  to  afford  him  the  amplest 
opportunity  of  justice;  but  he  had  able  and  intelligent  counsel  assigned  him,  who  would 
see  that  he  was  fairly  and  impartially  tried,  and  he  therefore  fully  concurred  with  thb 


66  THE  HARPER'S  FERRY  INSURRECTION". 

remarks  of  his  colleague  in  opposing  the  motion.  He  referred  also  to  the  fact  that 
IlrowM  pretended  yesterday  afternoon  that  he  was  unable  to  walk,  and  was  brouglit  into 
Court  on  a  bed,  yet  lie  walked  back  to  jail  after  the  close  of  the  trial  without  difficulty. 
He  tlionjrlit  tliose  were  mere  pretences  for  delay,  which  tlie  Court  should  overrule. 

Mr.  Greex  remarked  that  one  day's  delay  would  be  sufficient  to  ascertain  whether  the 
expected  counsel  would  come  or  not,  and  no  prejudice  could  result  to  tlie  Commonwealth 
from  a  small  delay  of  that  cliaracter.  In  reference  to  the  new  matter  brou^^lit  to  tlie  con- 
sideration of  the  Court,  he  did  not  believe  the  prisoner  had  made  any  acknowledgment 
upon  winch  he  could  be  convicted.  All  the  acknowledgments,  so  ftir  as  be  knew  their 
character,  referred  to  the  treason,  and  those  confessions,  according  to  our  law,  are 
insufficient  to  convict  a  party  who  may  have  acknowledged  the  fact  in  the  plainest  manner 
to  one  hundred  witnesses — for  if  that  is  all  tlie  evidence  upon  which  the  Commonwealth 
relies,  the  prisoner  cannot  be  convicted,  because  our  code  provides  that  such  confession 
sliall  he  made  in  open  court,  and  the  prisoner  has  denied  in  open  court,  by  putting  in  a 
plea  of  not  guilty.  As  to  sufficient  time  having  elapsed  for  counsel  to  reach  here,  it  was 
a  reasonable  supposition  that  the  persons  to  whom  Brown  wrote  were  absent,  and  did  not 
immediately  receive  the  letter.  The  Commonwealth  attorney  does  not  know  who  Lewis 
is,  but  he  is  an  ex-member  of  Congress,  and  said  to  be  a  man  of  respectabilit}-.  As  to 
what  is  called  Brown's  sham  sickness  of  yesterday,  it  should  be  remembered  that  it  was 
not  then,  nor  is  it  now,  made  the  ground  of  ap[)lication  for  delay.  He  did  not  think  this 
trial  should  be  hurried  through,  for  the  reason  that  a  rescue  might  be  apprehended,  for 
such  fears  were  idle. 

The  Court  stated  that  he  must  see,  in  this  case  as  any  other,  tliat  a  proper  cause  for  a 
delay  was  made  out  before  granting  such  an  application.  In  the  present  case  he  could  not 
see  that  the  telegram  gave  any  assurance  that  the  additional  counsel  intended  to  come.  The 
prisoner  is  now  defended  by  counsel,  who  will  take  care  that  no  improper  evidence  is 
adduced  against  him,  and  that  all  proper  evidence  in  his  behalf  shall  be  presented.  He 
could  not  see  that  a  proper  cause  for  delay  was  made  out.  The  expected  counsel  might 
arrive  before  the  case  was  closed,  and  could  then  see  all  the  testimony  which  h;ul  been 
taken,  and  thus  the  prisoner  might  have  the  benefit  of  their  advice  although  tlie  case  now 
proceeds.  As  to  the  matter  of  insanity,  it  was  not  presented  in  a  reliable  form  ;  instead 
of  mere  statements,  we  should  have  affidavits,  or  something  of  that  character.  He  thought, 
therefore,  that  the  Jury  should  be  sworn  and  the  trial  proceed. 

The  Jury  having  been  sworn  to  fairly  and  impartially  try  the  prisoner,  the  Couet 
directed  that  the  prisoner  might  foi'ego  the  form  of  standing  while  arraigned,  if  he  desired 
it. 

Mr.  BoTTS  put  the  inquiry  to  the  prisoner,  and  he  continued  to  lie  prostrate  on  his  cot 
while  the  long  indictment,  filling  seven  pages,  was  read. 

First :  Insurrection. 

Second :  Treason. 

TTiird :  Murder. 

Mr.  HARDiNa  addressed  the  Jury.  He  presented  the  facts  of  the  case,  detailing  the 
scenes  of  the  Armory,  the  killing  of  the  bridge-keeper,  and  the  subsequent  killing  of  the 
citizens  named  in  the  indictment;  the  seizure  of  Lewis  Washington  and  Mr.  Allstadt, 
■with  their  slaves;  the  forming  of  a  government  within  the  limits  of  the  Commonwealth; 
the  holding  of  the  citizens  as  prisoners  of  war,  and  the  subsequent  capture.  He  read  the 
law  on  treason,  levying  war  against  the  State,  giving  comfort  to  its  enemies,  or  estab- 
lisliing  any  other  government  its  limits,  punishable  with  death  ;  the  law  against  advising 
with  a  slave,  punishable  wnth  death;  and  the  law  on  the  murder  of  citizens,  punishable 
with  death.  All  these  charges  would  be  distinctly  proven,  beyond  a  possibility  of  a 
doubt  on  the  minds  of  the  Jury.  He  would  show  that  the  prisoners'  whole  object  was  to 
rob  our  citizens  of  their  slaves,  and  carry  them  ofiF  by  violence,  and  he  was  happy  to  say 
against  the  wills  of  the  slaves,  all  of  them  liaving  escaped,  and  rushed  back  to  their  mri'^ters 
at  the  first  opportunity.  He  concluded  by  urging  the  Jury  to  cast  aside  all  prejudices, 
and  give  the  prisoners  a  fair  and'  impartial  trial;  and  not  to  allow  their  hatred  of 
Abolitionists  to  influence  them  against  those  who  have  raised  the  black  flag  on  the  soil 
of  this  Commonwealth. 

Mr.  GieEE>f,  on  the  part  of  the  prisoner,  after  giving  the  law  applicable  to  the  case,  said 
that  the  Jury  must  bear  in  mind  that  they  are  judges  of  the  law  and  tlie  facts,  and  that  if 
they  have  any  doubt  as  to  law,  or  the  fact  of  the  guilt  of  this  prisoner,  they  are  to  give 
the  prisoner  the  benefit  of  that  doubt.  On  the  first  charge  of  treason,  as  a  specific  act  of 
treason  must  be  proven,  it  must  be  proven  that  he  attempted  to  establish  a  .separate  and 


THE  HARPER'S  FERRY  INSURRECTION.  6t 

distinct  government,  and  it  ninst  also  be  proven  what  was  pnrposed  of  treasonable  acts 
before  you  can  convict  hint  on.  those  cliarges.  If  it  is  intended  to  rely  on  his  confessions 
to  pi'ove  treason,  the  law  distinctly  says,  "No  conviction  can  be  made  on  confessions, 
imless  made  in  open  Court."  Tiiere  must  be  sutficient  evidence  to  prove  the  charge, 
independent  of  any  confessions  out  of  the  Court,  and  it  requires  two  distinct  witnesses  to 
prove  each  and  every  act  of  treason. 

Second:  Conspiring  with  slaves  to  rebel  and  make  insurrection.  The  Jury  mu.-t  be 
satisfied  tliat  such  conspiracy  was  done  within  the  State  of  Virginia,  and  witiiin  the  ju- 
risdiction of  this  Court.  If  it  was  done  in  Maryland,  this  Court  could  not  ])unisii  the  act. 
If  it  was  done  within  the  limits  of  the  Armory  at  Harper's  Ferry,  it  was  not  done  within 
the  liMiits  of  this  State,  the  Government  of  the  United  States  holding  excln!>ive  jurisdic- 
tion witliin  the  said  grounds.  Attorney-General  Gushing  had  decided  tiiis  point  with 
regard  to  the  Armory  grounds  at  Harper's  Ferry,  wliich  opinion  was  read  to  the  Jury, 
siiowing  tliat  persons  residing  within  the  limits  of  the  Armory  cannot  even  be  taxed  by 
Virginia,  and  that  crimes  committed  witiiin  the  said  limits  are  punishable  by  the  Federal 
Courts.  Although  the  Jury  may  doubt  about  the  law  on  this  subject,  they  must  give  the 
prisoners  the  benefit  of  that  doubt  upon  the  trial.  Over  murder,  if  committed  witiiin  the 
limits  of  the  Armory,  this  Court  ha>  no  jurisdiction,  and  in  the  case  of  Mr.  Beckham,  if 
he  was  killed  on  the  railroad  bridge,  it  was  committed  within  the  State  of  Maryland, 
which  State  claims  jurisdiction  up  to  the  Armory  grounds.  Although  he  may  be  guilty 
of  murder,  it  must  be  proven  that  it  was  deliberate  and  premeditated  murder  to  make  it 
a  capital  (vffence;  if  otiierwise,  the  killing  was  murder  in  the  second  degree,  punishable 
with  impriso.nment.  If  you  have  any  doubt  on  these  points  you  must  give  that  doubt  to 
the  prisoners.  He  was  satisfied  the  Jury  will  not  allow  any  outside  excitement  to  affect 
them,  and  that  they  will  do  their  duty  faithfully  and  impartially. 

Mr.  BoTTS  impressively  addressed  the  Jury.  The  case  was  an  unusual  one,  and  the 
crime  charged  in  many  respects  unknown.  The  .Jury  trial  called  for  a  calm,  unim- 
passioned  deliberation,  and  not  the  seizure  upon  loose  statements  for  a  conviction.  The 
Jury  must  be  above  all  jirejudices  and  influences,  and  deliberate  calmly,  and  free  of  all 
resentment,  bearing  in  mind  tiiat  the  mission  of  the  law  is  not  to  wreak  vengeiuice,  and 
that  the  majes>ty  of  the  law  is  best  maintained  when  Judges,  Counsel  and  Jury  rise  above 
these  influences.  The  burden  of  proof  is  on  the  Commonwealth,  and  if  she  fails  to  sub- 
vStantiate  her  charges,  you  are  bound  to  do  your  duty  impartiallj-,  and  find  your  verdict  on 
the  lawand  testimony  tliat  the  Commonwealtli  may  be  able  to  present  to  you.  He  then 
proceeded  to  go  over  the  same  grounds  taken  by  Mr.  Green  on  each  of  tlie  three  points  of 
the  indictment — treason,  insurrection  and  murder.  It  is  no  difference  how  much  a  Jury 
may  be  convinced  in  their  own  minds  of  tlie  guilt  of  the  prisoner,  it  is  essential  tliat  they 
must  have  proof  of  [lositive  guilt,  in  a  caselike  this,  involving  both  life  and  liberty. 

Mr.  BoTTS,  in  reviewing  the  law  bearing  on  the  case,  evinced  a  determination  to  avail 
himself  of  every  advantage  that  the  law  allows,  and  to  do  his  duty  to  tlie  prisoner  earnestly 
and  faithfully.  It  was  due  to  the  prisoner  to  state  that  he  believed'  himself  to  be  actuated 
by  the  highest  and  noblest  feelings  tliat  ever  coursed  through  a  human  breast,  and  that  his 
instructions  were  to  destroy  neither  [iroperty  nor  life.  They  would  prove  by  those  gentle- 
men who  were  prisoners  that  they  were  treated  with  respect,  and  that  they  were  kept  in 
positions  of  safety^  and  that  no  violence  was  offered  to  them.  These  facts  must  be  taken 
into  consideration,  and  have  their  due  Aveight  with  the  Jury. 

Mr.  Hunter  followed  stating  his  purpose  to  avoid  anything  by  way  of  argument  or 
exphina*tion  not  immediately  connected  with  the  particular  issue  to  be  tried,  and  to  march 
straight  forward  to  the  attainment,  so  far  as  may  be  in  aur  power,  of  tlie  ends  of  justice, 
by  either  convicting  or  acquitting  the  prisoner  at  the  bar.  With  a  single  preliminary 
remark  explanatory  of  his  posinon  here  as  assistant,  a  position  which  had  hei-n  assigned 
to  him  by  the  Governor  of  the  Commonwealth,  as  well  as  his  honor  the  Judge,  he 
passed  at  once  to  a  review  of  what  was  the  law  in  reference  to  the  case,  and  what  he 
expected  to  be  able  to  prove  to  the  satisfaction  of  the  Jury.  First,  as  to  high  treason,  this 
was  probably  the  first  case  of  high  treason,  or  treason  against  the  State,  that  ever  had 
been  tried  iiere  by  our  State  Courts,  and  he  fervently  hoped  that  it  would  be  the  last  that 
would  ever  occur  ;  and  probably  in  some  degree  not  only  upon  our  decision,  but  upon  our 
prompt  decision  of  tliis  case,  will  that  result  depend.  He  thought  his  friends  on  the  other 
side  were  totally  mistaken  in  their  view  that,  the  law  as  it  now  stands  on  our  statute 
books  iu  reference  to  overt  acts  was,  either  in  language,  or  substantially,  that  contained 
in  the  Constitution  of  the  United  States.  On  the  contrary,  the  phraseology  had  been 
varied  from  that  of  the  Constitution,  and,  as  he  conceived,  for  a  plain  and  palpable  pur- 


68  THE  HARPEK'S  FERRY  INSURRECTION". 

pose.  All  tlie  powers  vested  in  the  Federal  Government  were  given  with  great  jealousy. 
This  was  a  historical  fact,  perfectly  fnniiliar,  and  consequent!}',  while  trea.suii  against 
the  United  States  consisted  only  in  levying  war  against  them  or  adljering  to  their  enemies 
and  giving  tliera  aid  and  comfort,  tliere  is  no  provision  tliat  no  person  shall  he  convicted 
of  treason  unless  upon  the  testimony  of  two  witnesses  of  some  overt  act  or  confession  in 
open  Court.  Yet  the  State  law  is  more  full,  and  includes  within  its  definition  of  treason 
the  estahiishing,  without  the  autliority  of  the  Legislature,  any  Government  witliin  its 
limits,  separate  from  tlie  existing  Government,  or  tlie  holdmg  or  executing,  under  such 
Government,  of  any  office  ;  professing  allegiance  or  fidelity  to  it,  or  resisting  the  execution 
of  law,  under  the  color  of  its  autliority  ;  and  it  goes  on  to  declare  that  such  treason,  if 
proved  hy  the  testimony  of  two  witnesses  to  tiie  same  overt  act,  or  by  confession  in 
Court,  sliail  be  punished  with  death.  Any  one  of  these  acts  constitutes  treason  against 
this  Commonwealth,  and  he  believed  tliat  the  prisoner  had  been  guilty  of  each  and  all  tiiese 
acts,  which  would  be  proven  in  the  clearest  manner,  not  by  two,  hut  by  a  dozen  witnesses, 
unless  limited  by  the  lack  of  time.  Tlie  prisoner  had  attempted  to  break  down  the 
existing  Government  of  the  Commonwealth,  and  establish  on  its  ruins  anew  Government ; 
he  !iad  usurped  tlie  office  of  Commander-in-Chief  of  this  new  government,  and,  together 
with  his  whole  band,  professed  allegiance  and  fidelity  to  it ;  he  represented  not  only  the 
civil  authorities  of  state,  but  our  own  military  ;  he  is  doubly,  trebly  and  quadruply  guilty 
of  treason.  Mr.  Hunter  proceeded  again  to  the  question  of  jurisdiction  over  the  Armory 
grounds,  and  examined  the  authcu-ity  cited  on  the  other  side,  of  Attorney-General  Gushing ; 
the  latter  was  an  able  man,  but  he  came  from  a  region  of  country  where  opinions  are  very 
different  from  ours  in  relation  to  the  power  of  the  Federal  Government  as  affecting  State 
riglits.  Our  Courts  are  decidedly  adverse  to  Mr.  Cushing's  views.  In  all  time  past,  the 
jurisdiction  of  this  County  of  Jefferson  in  criminal  offences  committed  at  Harper's  Ferry, 
Las  been  uninterrupted  and  unchallenged  whether  they  were  committed  on  the  Govern- 
ment property  or  not.  He  cited  an  instance,  twenty-nine  years  ago,  where  an  atrocious 
murder  was  committed  between  the  very  shops  in  front  of  which  these  men  fought  their 
battles,  and  the  criminal  was  tried  here,  convicted,  and  executed  under  our  laws.  There 
"was  a  broad  difference  between  the  cession  of  jurisdiction  by  Virginia  to  the  Federal 
Government  and  mere  assent  of  the  State  that  the  Federal  Government  should  become  a 
land-holder  within  its  limits.  The  law  of  Virginia,  by  virtue  of  which  the  grouTids  at 
Harper's  Ferry  were  purchased  by  the  Federal  Government,  ceded  no  jurisdiction.  Brown 
■was  also  guilty,  on  his  own  notorious  confession,  in  advising  conspiracy.  In  regard  to  the 
charge  of  murder,  the  proof  will  be  that  this  man  was  not  only  actually  engaged  in  murdering 
our  citizens,  but  that  he  was  the  chief  director  of  the  whole  movement.  No  matter  whetlier 
he  was  present  on  the  spot  or  a  mile  off,  he  is  equally  guilty.  In  conclusion,  Mr.  Hunter 
said  that  he  hoped  the  case  would  be  considered  with  fairness  and  impartiality,  and  without 
fear,  favor  or  affection ;  and  he  only  asked  that  the  penalty  might  be  visited  on  the  pris- 
oner which  law  denounces,  which  reason  denounces,  which  our  safety  requires,  and 
which  the  laws  of  Gofl  and  man  approve. 
The  afternoon  session  assembled  at  3^  o'clock. 

WITNESSES   GALLED. 

Dr.  Staery,  on  Sunday,  night,  heard  a  shot  fired  at  the  Ferry  ;  heard  a  cry,  looked  out 
and  saw  two  men  passing  from  toward  the  Armory  gate,  and  a  tall  man  came  from  the 
Armory  gate,  and  two  men  from  the  cars  hallooed,  "There  he  goes  now!"  the  man 
stopped,  raising  his  rifle;  they  followed  him  to  the  Armory  gate,  and  exchanged  shots 
with  him ;  Conductor  Phelps  was  one  of  those  men  ;  afterward  found  the  black  man 
Hay  ward  dying  in  the  railroad  office;  he  said  he  was  commanded  to  stop  by  the  men  on 
the  bridge,  and  refusing,  they  fired  upon  him  ;  saw  several  men  patrolling  during  the 
night,  and  go  into  the  bridge;  did  not  know  what  to  make  of  it,  and  went  to  inquire  of 
the  Armory  watchman  what  is  meant ;  met  a  man  who  levelled  his  i-ifle  at  him;  asked 
him  where  the  watchman  was,  and  was  answered  that  he  was  not  there,  but  that  there 
were  ''  a  few  of  us  here  ;"  afterwitrd,  in  the  morning,  saw  a  wagon  witli  three  armed  men 
following  it;  then  went  to  Mr.  Kitzmiller  and  Mr.  Ball,  and  told  them  that  an  armed 
body  of  men  had  possession  of  the  Armory,  and  not  to  go  near  it;  also  gave  informatioa 
to  tlie  other  persons  employed  in  the  Armory;  saw  also  three  of  them  at  Hall's  works; 
did  not  see  more  than  thirty ;  recognized  them  by  a  peculiar  hat  they  wore  ;  rode  to 
Charlestown  to  give  the  alarm  and  get  assistance;  returned  about  11  o'clock,  and 
assisted  in  bearing  orders  and  in  guiding  the  armed  forces  to  the  best  place  of  attack  ; 
did  not  see  or  recognize  Brown  there  at  all. 


THE  HARPER'S  FERRY  INSURRECTION.  69 

Cross-examined  by  Mr.  Gkeen — As  I  rode  past  tlie  Armory,  armed  mea  were  at  tbo 
gate  ;  tliey  did  not  atteiupt  to  stop  me  ;  I  was  determined  not  "to  be  stoi)ped. 

Couduc'tor  PiiEi.PS,  sworn — Ou  Sunday  niglit,  the  IStli,  my  train  arrived  at  1.25,  bound 
east;  saw  no  watchman  at  tiie  bridge;  thought  it  strange,  as  liis  business  Avas  to  bo 
there;  was  talking  to  the  engineer,  and  Avas  in  tlie  act  of  starting  aliead,  wiien  the 
watchman  came  up  to  me,  much  excited,  to  state  that  lie  liad  been  attaclced  in  the  bridge 
by  men  carrying  rifles  ;  Mr.  Horsey  was  there  with  my  light  before  starting  the  train  ;  the 
baggage-master  and  a  passenger  accompanied  him,  and  wlien  they  entered  tlie  bridge  .some 
one  said,  ''stand  and  deliver;"  liad  previously  told  tlje  engineer  to  follow  him  slowly, 
but  immediately  saw  the  muzzles  of  four  rifles  resting  on  a  railing,  and  pointed  at  us; 
told  the  engineer  to  "back" — something  was  wrong  on  tlie  bridge— which  lie  did;  as  I 
got  on  the  tresseling,  I  heard  the  report  of  a  gun,  and  llayward,  the  colored  man,  came 
running  to  me,  and  said,  "Captain,  I  am  shot;"  the  ball  iiad  entered  the  back,  an*!  came 
out  under  the  left  nipple ;  carried  him  to  the  railroad  office,  and  started  for  the  doctor, 
and  saw  one  man  come  out  of  the  bridge,  and  go  toward  the  Armory  gate  ;  remarked, 
'•Tliere  he  goes  now,"  and  Tlirogmorton,  clerk  at  the  Wager  House,  flred  at  him;  the 
shot  was  returned  by  two  men  at  the  Armory  gate;  I  was  close  behind  Tlirogmorton, 
who  exchanged  several  shots  with  them;  this  was  ten  minutes  after  Hay  ward  was  shot; 
heard  the  men  loading  their  rifles  again;  the  reports  were  very  loud,  and  I  wondered 
why  the  people  were  not  aroused ;  walked  back  to  the  railroad  office,  and  one  of  the 
party  on  the  bridge  came  out;  lie  said,  "You  can  come  over  the  bridge  with  your  train;" 
replied,  "I  would  rather  not,  after  these  proceedings,"  and  asked,  "  What  do  you  want?" 
he  replied,  "We  Avant  liberty,  and  we  intend  to  liave  it;"  I  then  asked,  "What  do  you 
mean?"  he  replied,  "You  will  find  out  in  a  day  or  tAVo;"  I  then  felt  alarmed  for  the 
safety  of  myself  and  passengers,  and  concluded  to  wait  till  daylight ;  men  Avere  passing 
back  and  forward  from  the  bridge  to  the  gate  of  the  Armory ;  each  appeared  to  be  in 
blankets  ;  the  passengers  were  much  excited,  and  Avanted  to  know  Avhat  it  meant ;  went 
to  the  back  of  the  train,  and  saw  from  twenty  to  thirty  men  about  the  engine-house ;  at 
about  4  o'clock  saAv  a  wagon  driven  in  the  yard,  and  nearly  a  dozen  men  jumped  out  of 
it,  also  a  carriage,  but  did  not  see  any  one  get  out  of  it ;  savv  men  go  backward  and  for- 
Avard,  Avho  seemed  to  be  putting  something  in  the  wagon;  they  were  also  going  up  and 
down  the  street  leading  from  the  Armory,  and  all  seemed  busy  at  something;  this  con- 
tinued until  nearly  daylight,  Avhen  the  wagon  left  the  yard  and  passed  over  the  bridge  to 
the  Maryland  side;  about  3  o'clock,  before  the  Avagon  left,  an  old  gentleman  came  to  me 
and  .said,  ''The  parties  avIio  have  arrested  me  allowed  me  to  come  out  ou  condition  that  I 
would  tell  you  that  you  might  cross  the  bridge  Avitli  your  train  ;"  afterward  learned  that 
this  was  Mr.  Koise,  a  citizen  of  the  town  ;  replied  that  "  I  Avould  not  cross  the  bridge 
until  daylight,  that  I  might  see  whether  it  Avas  safe;"  afterward  saAv  a  man  coming 
down  Shenandoah  street,  Avith  a  lantern,  and  an  armed  man  arrested  hiiu  ;  afterward  saw 
a  short,  stout  negro  Avalking  with  a  statf  Avith  one  of  these  men ;  could  not  see  Avhat  was 
in  the  Avagon;  afterAvard  a  black  boy  brought  a  note  to  the  clerk  of  the  Wager  House, 
ordering  breakfast  for  forty-seven  men  ;  determined  to  go  out  and  ascertain  Avhat  it 
meant ;  met  a  man  whom  he  now  recognized  as  Coppie,  and  asked  what  they  meant ;  he 
replied,  "  We  don't  want  to  injure  you  or  detain  your  train  ;  you  could  have  gone  at  3 
o'clock  ;  all  we  want  is  to  free  the  negroes ;"  then  asked  if  his  train  could  noAv  start,  and 
Avent  to  the  guard  of  the  gate,  Avho  said,  "There  is  Capt.  Smith — lie  can  tell  you  Avhat 
you  want  to  know;"  went  to  the  engine-house,  and  the  guard  called  Capt.  Smith,  tliat 
soiueboily  Avanted  to  see  him ;  the  prisoner  at  the  bar  came  out,  and  I  asked  him  if  he 

was  captain  of  these ;  he  replied  he  Avas ;  asked  him  if  I  could  cross  the  bridge,  and 

he  peremptorily  responded,  "No,  Sir;"  then  asked  him  what  he  meant  by  stopping  my 
train;  he  replied,  "Are  you  the  conductor  on  that  train?"  told  him  I  was,  and  he  said, 
"  Why.  I  sent  you  word  at  3  o'clock  that  you  could  pass ;''  told  him  that,  after  being 
stop|>ed  by  armed  men  on  the  bridge,  I  Avould  not  pass  with  my  train ;  he  replied,  "  My 
bead  for  it,  you  will  not  be  hurt;"  said  he  was  very  sorry;  it  was  not  his  intention  that 
any  blood  should  be  spilled  ;  that  it  was  bad  minagement  on  the  part  of  the  men  in 
charge  of  the  bridge;  I  then  a.sked  him  what  security  I  would  have  that  my  train  Avould 
pass  safelv.  and  asked  him  if  he  would  walk  over  the  bridge  ahead  of  my  ti'ain  Avith  me; 
he  called  a  large,  stout  man  to  accompany  him,  and  one  of  my  passengers,  Mr.  McByrne, 
asked  to  accompany  me,  but  Brown  ordered  him  to  get  into  the  train,  or  he  Avould  take 
them  all  prisoners  in  five  minutes;  BroAvn  accompanied  me;  both  had  rifles;  as  we 
crossed  the  bridge,  the  three  armed  men  were  still  in  their  places;  when  we  got  across, 
BroAvn  said  to  me,  "  You  doubtless  wonder  that  a  man  of  my  age  should  be  here  with  a 

5 


70  THE  HAEPEK'S  FERRY  INSURRECTION. 

band  of  armed  men,  but  if  you  knew  my  past  history  you  would  not  wonder  at  it  so 
much;  my  train  was  then  tlirougli  the  bridge,  and  I  bid  liim  good  morning,  jumped  on 
my  train,  and  left  him  ;  witness  returned  to  Harper's  Ferry  on  Tuesday,  and  went  in  with 
Governor  Wise  and  others  to  see  Brown,  who  was  a  prisoner ;  heard  his  conversation 
with  Wise  and  Hunter ;  Mr.  Wise  said  he  "  was  sorry  to  see  a  man  of  his  age  in  that 
position;"  Brown  replied  tliat  he  "asked  no  sympathy,  and  had  no  apologies  to  make;" 
he  knew  exactly  what  he  was  about ;  the  Governor  asked  him  if  he  did  not  tliink  he  was 
doing  wrong  in  running  off  with  other  people's  property;  Brown  said,  "No,  he  didn't;" 
lie  stated  that  he  never  had  but  twenty-two  men  of  his  party,  but  expected  large  rein- 
tbrcenients  from  Maryland,  Virginia,  North  and  South  Carolina,  and,  I  think,  some  of  the 
New  England  States,  and  New  York.  He  said  that  arms  were  sent  to  tliem  from  Massa- 
chusetts ;  think  he  spoke  of  Sharpe's  rifles,  revolvers,  and  spears ;  said  he  could  arm 
from  1,500  to  2,000  men;  said  he  had  Harper's  Ferry  in  his  eye  as  the  place  for  his 
operations;  that  he  had  rented  a  farm  four  miles  off,  from  Dr.  Kennedy,  and  had  paid 
the  rent  up  to  March,  and  that  all  his  arms  were  sent  to  him  there  from  Cliambersburg, 
Pa. ;  said  those  who  brought  the  arms  there  did  not  know  what  they  were,  as  lie  Jiad 
taken  tlie  precaution  to  place  them  in  double  boxes  ;  they  Avere  addressed  to  J.  Smitli  & 
Sons.  Brown  told  Gov.  Wise  that  he  had  books  in  his  trunk  that  would  explain  to  him 
his  whole  proceedings,  and  what  the  purpose  of  his  business  was ;  Col.  Lee  said  he  had 
one,  and  handed  it  to  Gov.  Wise ;  Brown  asked  him  to  read  two  of  its  first  preambles 
and  four  of  the  last  sections,  which  he  did,  and  Brown  said  that  was  a  correct  copy ;  in 
reply  to  a  question  of  Gov.AVise,  he  said  he  was  Commander-in-Chief  of  the  forces  under 
the  Provisional  Government,  and  that  he  then  held  that  position  ;  he  said  the  constitu- 
tion was  adopted  in  a  place  called  Chatham,  in  Canada ;  Brown  said  there  was  a  Secre- 
tary of  War,  Secretary  of  State,  Judge  of  the  Supreme  Court,  and  all  the  otiicers  for  a 
General  Government ;  he  said  tliere  was  a  House  of  Representatives,  and  that  tliere  was 
an  intelligent  colored  man  elected  as  one  of  the  members  of  the  House  [sensation];  Gov. 
Wise  asked  Brown  if  he  had  taken  the  oath  of  allegiance  provided  for  in  the  48th 
article ;  he  replied  he  had  ;  asked  if  all  the  white  men  of  his  band  had  taken  tlie  oatli ; 
he  replied  that  they  had ;  he  said  tliat  there  were  appointed  and  commissioned  officers; 
that  Stephens,  Leeman,  and  one  of  Brown's  sons  were  captains,  and  Coppie  vvas  a  lieu- 
tenant;  he  said  something  about  a  battle  in  Kansas,  and  having  one  of  his  sons  shot;  I 
think  he  said  Cook  held  a  captain's  commission ;  Gov.  Wise  asked  Brown  if  he  thought 
he  liad  been  betrayed  to  to  the  Secretary  of  War ;  said  lie  thought  lie  liad  been  betrayed, 
but  had  practised  the  ruse  to  prevent  suspicion  ;  the  Governor  asked  him  what  that  ruse 
was,  bat  he  refused  to  answer;  said  he  knew  exactly  the  position  he  had  placed  himself 
in,  and  if  his  life  was  forfeited  he  was  prepared  to  suffer. 

Mr.  Green,  counsel  for  tlie  prisoner,  interrupted  the  witness,  and  said  to  the  Court 
that  he  had  just  received  a  dispatch  from  Cleveland,  announcing  that  counsel  was  com- 
ing, and  would  almost  certainly  be  here  to-night.  As  tiiis  was  a  very  important  witness, 
and  as  it  was  late  in  the  evening,  he  would  ask  the  Court  to  adjourn  until  morning,  in 
order  that  counsel  might  have  an  opportunity  to  cross-question  the  witness.  He  did  not 
intend  to  conduct  the  case  longer  than  the  arrival  of  counsel  selected  by  the  prisoner. 
As  only  scraps  of  a  conversation  of  two  hours  with  Gov.  Wise  had  been  picked  out  and 
given  to  the  Jury,  he  desired  that  the  witness  should  be  questioned  as  to  the  otlier  parts 
of  the  conversation. 

Mr.  Hunter  replied  that  there  were  several  f)ther  witnesses  to  be  called  of  the  same 
character,  to  whom  such  questions  could  be  put  by  new  counsel  to-morrow.  If  the  cases 
were  not  pushed  on,  the  wliole  balance  of  the  term  would  not  be  sufficient  to  try  these 
men.  He  thought  there  was  no  reason  for  delay,  especially  as  it  was  uncertain  whether 
the  counsel  could  get  here  before  to-morrow. 

The  Court  decided  that  the  witness  should  proceed. 

Cross-examination  by. Mr.  Gkeen — In  conversation.  Brown  said  it  was  not  his  inten- 
tion to  harm  anybody  or  anything;  was  sorry  men  had  been  killed;  it  was  not  by  his 
orders  or  with  his  approbation,  and  would  not  occur  again,  provided  the  people  were 
peaceable  and  quiet;  Avhen  Brown  spoke  of  taking  them  all  prisoners  if  they  did  not  get 
into  the  cars,  he  appeared  to  want  the  train  to  go  on  as  soon  as  possible;  it  was  advice 
more  than  in  the  form  of  a  threat;  did  not  recognize  Brown  till  I  talked  with  him 
in  the  Armory  yard  ;  don't  think  Brown  was  with  the  party  on  the  bridge  or  in  the 
wagon,  for  if  he  had  been  I  think  I  would  have  recognized  him  from  his  peculiar 
beard. 

By  Mr.  Hunter — When  Brown  was  parleying  with  us  at  the  bridge,  the  three  armed 


THE  HAEPER'S  FERRY  INSURRECTIOK  Yl 

men  remained  on  tlie  briilge;  saw  what  seemed  to  be  a  man  dressed  in  woman's  clothing 
pas3,  followed  by  a  boy  with  a  box  or  bnndle. 

Col.  Lewis  W.  Washington  sworn — [He  detailed  tlie  circumstances  as  previously 
stated.] 

Cross-examined  by  Mr.  Green — Cannot  say  wliether  the  marines  fired  after  they  broke 
into  tlie  engine-house ;  the  noise  was  great,  and  several  sliouted  from  the  inside  that  some 
one  had  surrendered  the  prisoners;  we  were  kept  in  tiie  rear  engine-house,  and  allowed 
to  keep  a  safe  position,  so  that  there  was  no  etl'urt  to  endanger  us;  Brown's  conduct  was 
not  rude  or  insulting  toward  us. 

By  Mr.  IIuntek — Was  present  at  the  conversation  with  Gov.  Wise  on  Tuesday;  Gov. 
Wise  asked  Brown  if  he  had  not  selected  Harper's  Ferry  as  a  border  place  between  Mary- 
land and  Virginia  for  the  establishment  of  liis  Provisional  Government,  and  he  answered 
"  Certainly  ;"  lie  avowed  that  his  object  was  to  free  the  Southern  slaves,  and  said  that 
his  party  consisted  of  twenty-two  men,  nineteen  of  whom  came  over  with  him;  he  said 
he  had  200  Sharpe's  rifles,  200  revolvers,  and  witness  does  not  remember  how  many 
spears  ;  Brown  said  he  had  enough  to  arm  about  1,500  men ;  the  Governor  asked  if 
he  expected  that  number;  he  said  no  doubt  that  number,  and  five  thousand  if  he 
wanted  them ;  he  detailed  the  conversation  respecting  the  Provisional  Government 
suD-stantially  as  the  last  witness. 

B}'  Mr.  BoTTs — At  the  time  of  the  attack  on  the  engine-house,  the  prisoners  remained 
in  the  rear  at  the  suggestion  of  Brown  and  his  party;  heard  Brown  direct  his  party 
not  to  fire  on  any  unarmed  man;  he  gave  that  order  more  than  once. 

By  Mr.  Hunter — Cook  said  Brown  had  been  studying  this  subject  twenty  or  thirty 
years.     Had  recoimoitered  Harper's  Ferry  i-epeatedly. 

By  Mr.  Botts — The  prisoners  were  allowed  to  go  out,  and  assure  their  families  of 
their  safety;  some  went  out  several  times;  told  his  men  not  to  return  from  his  dwell- 
ing-house;  there  were  numerous  shots  toward  the  tank  where  Beckham  was  killed; 
Brown  assured  witness  that  he  should  be  treated  well,  and  his  property  should  not 
be  destroyed. 

By  Mr.  Hunter — While  a  prisoner  in  the  engine-house,  overheard  a  conversation 
between  Stephens  and  another  party,  not  known  to  witness,  about  slave-holding.  Stephens 
asked  the  man  if  he  was  in  favor  of  slavery?  He  said  "Yes,  although  not  a  slave- 
holder."    Stephens  said,  "  You  are  the  first  man  I  would  hang." 

By  Mr.  Harding — One  of  the  three  negroes  taken  with  the  witnesses  was  kept  in 
the  Armory  yard ;  another  escaped,  and  went  home;  saw  no  conversation  in  particu- 
lar between  the  party  and  the  negroes  who  were  taken  there ;  all  the  negroes  were 
armed  with  spears  while  in  the  Armory  yard  ;  they  walked  about  tlie  Armory  grounds, 
and  one  came  and  warmed  liimself;  no  negro  from  this  neighborhood  ap[)eared  to 
take  up  arms  voluntarily ;  saw  no  wounded  men  dragged  into  the  engine-house. 

At  7  o'clock  the  Court  adjourned  till  morning. 


THIRD   DAY. 

Charlestown,  Friday,  Oct.  28,  1859. 

Capt.  Cook  arrived  here  at  1  o'clock  this  morning.     He  says  that  if  Brown  had  taken 
his  advice  in  relation  to  mounting,  a  thousand  men  could  not  have  taken  them.     There 
is  great  rejoicing  at  his  arrest.     He  says  that  Fred  Douglass  acted  the  coward,  having  4| 
promised  to  be  there  in  person. 

George  H.  Hott,  of  Boston,  counsel  for  Brown,  arrived  tins  morning.  He  is  quite  a 
youth. 

The  Court  met  at  11  o'clock.  Brown  was  led  from  the  jail,  walking  very  feebly.  He 
lay  down  upon  his  cot. 

Senator  Mason  entered  the  Court  with  Mr.  Hoyt,  the  Boston  counsel  of  Brown;  ho 
remarked  that  the  testimony  of  Col.  Washington  and  Mr.  Phelps  yesterday  was  strictly 
truthful. 

The  Jury  were  called^  and  answered  \o  their  names. 

Mr.  Botts  announced  the  arrival  of  Mr.  Hoyt,  who  had  come  here  to  assist  the  counsel 


72  THE  HARPER'S  FERRY  INSURRECTION 

for  the  prisoner.     At  present,  liowever,  lie  did  not  feel  disposed  to  take  part  in  the  case. 
Wiienever  lie  sliould  feel  disposed,  lie  would  do  so. 

Mr.  lIuNTEU  snggested  tliat  lie  had  better  be  onalifled  as  a  member  of  the  bar  by  pro- 
ducing ])roof  from  the  Boston  bar. 

Mr.  IIoYT  had  not  brought  his  credentials  of  admission. 
•  The  Court  said  that  that  was  not  required  in  order  to  be  strictly  legal ;  tcthat  fact  any 
citizen's  evidence  would  answer. 

.Mr.  Green  said  his  partner  had  read  letters  from  fellow-students  of  Mr.  Hoyt,  alluding 
to  him  as  a  member  of  the  bar. 

Mr.  IIoTT  then  took  the  customary  oath. 

TESTIMONY   RENEWED. 

By  Mr.  Botts — Conductor  Phelps  recalled — The  question  put  to  him  was  prepared 
by  Brown.  The  firing  was  commenced  by  those  men  on  the  bridge  who  shot  Hay  ward; 
the  next  iiring  was  by  Throgniorton  ;  does  not  know  whether  the  firing  at  Ilayward  was 
intentional ;  tliere  was  no  attack  on  Brown's  men  until  after  Hayward  was  shot ;  be  was 
shot  by  armed  men  in  the  Winchester  span  of  the  bridge. 

By  Mr.  Botts — Col.  Lewis  W.  Washington  recalled — IsTegotiations  were  opening  with 
Brown  for  the  release  of  prisoners  before  the  general  firing  commenced  on  Monday ; 
does  not  know  whether  all  tlie  prisoners  signed  the  proposition  for  a  suspension  of 
firing  ;  in  the  opening  negotiations,  Brown  frequently  suggested  that  the. prisoners  should 
cross  the  bridge  with  him  to  the  second  canal,  and  the  lock  was  not  to  be  fired  upon 
until  they  reached  that  point ;  none  of  the  prisoners  made  any  objection  to  the  propo- 
sition ;  Brown  said  he  was  too  old  a  soldier  to  yield  the  advantage  he  possessed  in  hold- 
ing hostages ;  during  the  day  Brown's  son  was  wounded  in  the  breast,  the  ball  passing 
around  to  tlie  side,  but  he  took  his  weapon  again,  and  fired  frequently  before  his  sufl:er- 
ings  compelled  him  to  retire;  heard  Capt.  Brown  frequently  complain  of  bad  faith  of 
people  on  a  fiag  of  truce  ;  heard  him  make  no  threat,  nor  utter  any  vindictiveness  against 
the  people ;  Mr.  Brewer  went  out  and  brought  in  a  promise  that  the  people  Avould  not 
fire  while  negotiations  were  pending ;  cannot  say  tliat  all  th.e  firing  of  Capt.  Brown  or 
his  men  was  in  self-defence  ;  heard  Brown  give  fre(]uent  orders  not  to  fire  on  unarmed 
citizens  ;  the  first  firing  Avas  against  the  engine-house  ;  Brown  said  the  people  appeared 
to  pay  but  little  regard  to  the  lives  of  the  citizens,  and  we  must  take  the  chances  with 
them ;  after  the  first  attack  on  the  engine-house  by  the  marines,  there  was  not  a  general 
cry  of  "  surrender  ;"  one  cried  surrender,  but  the  others  fought  on;  Brown  had  a  rifle  in 
his  hand  when  he  was  struck  down  by  the  marines,  and  received  a  cut  over  the  head 
with  a  sword  of  Lieutenant  Green. 

Mr.  Hunter  laid  before  the  jury  the  printed  Constitution  and  ordinance  of  tlie  Pro- 
visional Government,  reading  the  two  first  clauses  of  the  preamble,  the  7th,  45tli,  and 
48tli  articles,  and  briefly  summing  up  other  portions  of  the  Constitution.  Sheriff  Camp- 
bell knows  the  handwriting  of  the  prisoner  ;  has  copied  a  letter  for  him. 

Brown  said  he  would  liimself  identify  any  of  his  handwriting,  and  save  all  that  trouble. 
He  Avas  i:eady  to  face  the  music. 

Mr.  Hunter  would  prefer  proving  them  by  Mr.  Campbell. 

Brown — Either  way,  as  you  please. 

A  large  bundle  of  letters  was  produced.  Each  was  identified  by  Campbell  and  handed 
to  Brown,  who,  at  the  first  glance,  replied  to  each  in  a  loud  voice,  "Yes,  that  Is  mine." 
jM  The  papers  and  letters  were  about  fifty  in  number. 

On  receiving  a  list  of  members  of  the  Convention,  Mr.  Hunter  read  it.  It  is  headed, 
William  Charles  Morris,  President  of  the  Convention ;  and  H.  Kagi,  Secretary  of  the 
Convention.  On  handing  the  list  to  Brown,  he  exclaimed,  with  a  groan,  "  That's  my 
signature." 

In  reference  to  another  paper,  he  said,  "  I  have  nothing  to  say  about  that." 

Mr.  Hunter  read  a  letter  from  J.  R.  Giddings,  acknowledging  the  receipt  of  a  letter 
from  Br(jwii,  and  that  he  would  be  jfleased  to  see  him  at  his  house  during  the  summer. 

Mr.  Hunter  then  read  the  letter  from  Gerrit  Smith  about  the  "  Kansas  work,"  which 
has  already  been  published.  It  has  June,  B,  1859,  indorsed  on  the  back,  in  Brown's 
writing. 

Mr.  Botts  here  insisted  on  the  right  of  examining  the  letters  before  their  being 
read. 


THE  HARPER'S  FERRY  INSURRECTION".  73 

Araistead  Ball,  master  Tiiachinist  at  tlie  Armory,  testified  tliat  early  in  the  morning 
he  was  aroused  by  Benjamin  Hobbs  announcing  tliat  persons  were  at  tlie  Armory,  car- 
rying otf  government  property  ;  reached  the  gate,  was  accosted  by  two  armed  men,  and 
seized  as  a  prisoner ;  refused  to  make  any  explanation  until  within  the  Armory  yard  ; 
Stephens  was  sentry  at  tlie  gate  ;  was  conducfed  to  Oapt.  Brown,  who  told  me  his  object 
was  to  free  the  slaves,  and  not  tlie  making  of  war  on  the  people;  that  my  person  and 
private  property  would  be  safe  ;  that  his  war  was  against  the  accursed  systein  of  slavery ; 
that  he  had  power  to  do  it  and  would  carry  it  out;  it  was  no  child's  play  he  had  under- 
taken ;  lie  tlien  gave  me  permission  to  return  to  my  family,  to  assure  them  of  my  safety 
and  get  my  breakfast ;  started  back  home,  and  was  accompanied  by  two  armed  men, 
who  stopped  at  the  door;  breakfast  not  being  ready,  went  back,  and  was  allowed  to 
return  home  again,  under  escort,  at  a  later  hour;  on  returning  again,  Capt.  Brown  said 
it  was  liis  determination  to  seize  the  arms  and  munitions  of  the  government,  to  arm  the 
blacks  to  defend  themselves  against  their  masters  ;  Brown  also  made  a  proposition  to 
witness  and  other  officers  of  the  Armory  to  deliver  into  his  possession  the  munitions  of 
war  belonging  to  the  Government ;  he  replied  that  they  were  already  in  his  possession, 
as  we  were ;  Brown  frequently  told  us  our  safety  depended  on  tlie  good  conduct  of  our 
citizens ;  wlien  the  firing  commenced  all  fell ;  we  were  in  danger,  and  almost  any  propo- 
sition tliat  was  made  was  accepted  to  secure  our  safety ;  Brown  said  if  the  citizens  were 
willing  to  risk  their  lives  and  those  of  the  prisoners,  to  captui-e  him,  they  must  abide  by 
it;  Brown  made  but  one  proposition  to  go  to  the  canal loclc,  give  up  their  prisoners,  and 
fight  it  out  with  the  military;  at  dayliglit,  on  Tuesday  morning,  witness  appealed  to 
Brown  on  the  ground  of  humanity  to  the  prisoners,  as  well  as  to  the  men  who  appeared 
50  bound  to  him,  not  to  persist  in  spilling  more  blood;  Brown  replied  that  he  was  well 
aware  of  what  he  was  about,  and  knew  tlie  consequences ;  that  he  was  already  pro- 
claimed an  outlaw,  and  $3,500  was  on  his  head  ;  with  regard  to  the  killing  of  Beckham, 
one  of  Brown's  party  had  fired  in  that  direction  several  times;  remonstrated  with  him 
when  levelling  his  rifle  at  an  old  man  named  Guess,  that  he  was  not  a  combatant,  and 
he  desisted;  afterward  heard  him  fire,  and  heard  him  say,  "Dropped  him;"  when  we 
■  heard  tliat  Beckham  was  dead,  the  man  who  fired  asked  who  it  was ;  we  told  him  he 
was  an  old  and  respectable  citizen,  and  mayor  of  the  town,  and  the  man  who  fired  ex- 
pressed himself  very  sorry ;  this  man  was  afterward  killed  at  the  charge  of  the  marines ; 
Oapt.  Brown  made  preparations  for  resisting  the  marines ;  he  was  always  in  arms,  but  I 
do  not  think  I  saw  him  fire.  [The  other  portions  of  Mr.  Ball's  testimony  were  merely 
in  corroboration  of  Mr.  Washington's.] 

By  Mr.  Gkeen — We,  as  prisoners,  agreed  to  such  term^  of  capitulation  as  our  citizens 
were  willing  to  accei)t.  Tlie  jiropusal  was  written  by  Mr.  Dangeifield,  and  dictated  by 
Brown.  Do  not  know  whether  Brown's  son  and  Stephens  were  wounded  while  they  ac- 
companied the  citizens  with  a  flag  of  truce.  Did  not  know  that  any  of  them  were  Brown's 
sons,  until  I  heard  Brown  say  to  Oapt.  Simnis,  "there  lies  one  of  my  sons  dead,  and  here 
is  another  dying."  Brown  frequently  remarked  that  the  citizens  were  acting  indiscreetly 
in  persisting  in  firing  on  their  own  citizens;  he  maintained  a  different  position  all  the 
time.  Brown  repeatedly  said  he  would  injure  no  one  but  in  self-defence;  Ooppie  fre- 
quently urged  us  to  seek  places  of  safety,  but  Brown  did  not ;  he  appeared  to  desire  us  to 
take  care  of  ourselves,  and  at  the  time  of  tlie  charge  of  the  marines,  told  us  we  must 
equally  occupy  the  post  of  danger  with  themselves.  There  were  three  or  four  slaves  in 
the  engine-house;  they  had  spears,  but  all  seemed  badly  scared ;  Washington  Phil  M^as 
ordered  by  Brown  to  cut  a  port-hole  through  the  brick  wall ;  he  continued  until  a  brisk 
fire  ciuiiinenced  outside,  when  he  said,  "•this  is  getting  too  hot  for  Phil,"  and  he  squatted. 
Brown  then  took  up  the  tools  and  finished  the  hole. 

JouN  Allstadt,  sworn — On  ^[oiulay  morning,  about  three,  was  awakened  from  sleep; 
asked  who  was  at  tlie  door;  the  rejil}-  was,  "  Get  up  quick,  or  we  will  burn  yon  up  ;"  asked 
what  they  intended  to  do  ;  they  said,  "  Free  the  country  of  Slavery  ;"  told  me  ihey  were 
going  to  take  me  to  Harper's  Ferry;  dressed  myself,  and  when  I  got  to  the  don-  they  had 
all  my  blacks,  seven  in  number;  we  were  all  put  into  a  wagon  ;  the  negroes  were  then 
all  armed  with  pikes  ;  all  the  men  who  took  us  up  were  armed;  we  went  to  the  Armory- 
yard,  where  I  was  put  in  cliarge  of  one  of  Brown's  party;  afterward  we  were  ordered 
into  the  watch-house;  saw  Col.  Washington  there;  Brown  came  and  spoke  to  us  about 
our  getting  two  negroes  to  take  our  places,  and  then  he  would  release  us ;  nothing  further 
was  said  about  that;  Brown's  rifle  was  cocked  all  the  time;  the  negroes  were  jilaced  in 
the  watch-house  with  spears  in  their  hands ;  tlie  slaves  showed  no  disposition  to  use  them; 
witness  was   afterward  transferred  to  the  engine-house;  several  negroes  were  there;  saw 


74  THE   HARPER'S   FERRY   IN"SIJRRECTION". 

Phil  making  port-holes  by  Brown's  order;  tlie  other  negroes  were  doing  notliing,  and 
had  diopped  tlieir  spears  ;  some  of  tliem  were  .asleep  nearly  all  tlie  time  [laughter]  ;  when 
the  marines  made  tiie  assault,  Brown's  party  took  jiosition  behind  the  engine  and  aimed 
at  the  door;  Brown  was  in  front,  squatting;  he  fired  at  the  marines,  and  my  opinion  is, 
that  he  killed  that  marine. 

By  Mr.  Green — Did  not  see  any  others  slioot ;  cannot  state  certainly  by  what  shot  tlie 
marine  was  killed  ;  he  migiit  have  been  killed  by  sliots  fired  before  the  door  was  broken 
open  ;  was  much  confused  and  excited  at  the  time  ;  heard  regrets  expressed  at  Beckham's 
being  killed. 

Alexander  Kfxly,  sworn — Described  the  manner  of  Thomas  Boerley's  being  killed  on 
Monday.  Brown's  party  fired  at  witness,  and  witness  returned  tlie  fire.  Boerley  was  with 
wiines-;,  and  was  armed  witli  a  gun.  Saw  him  soon  after  he  was  shot.  The  shot  came 
from  tlie  direction  of  Shenandoali  street. 

Not  cross-examined. 

Albert  Grist,  sworn — Sunday  night  had  been  to  meeting  with  mj*  son  ;  coming  home 
across  the  Shenandoah  bridge,  was  seized  Ijy  two  men  with  rifles;  wlien  we  got  to  the 
end  of  the  bridge,  were  stopped  by  a  man  with  a  spear;  asked  wiiat  was  the  matter  ;  Avas 
tlie  town  under  martial  law;  he  told  me  I  should  not  be  Imrt,  and  asked  me  whether 
there  were  many  slaveiiolders  about  Harper's  Ferry;  1  told  him  no:  Brown  came  up, 
and  observed,  "•You  have  got  some  prisoners  ;"  they  took  us  to  the  Armory  ;  found  some 
citizens  there  ;  being  tired,  we  laid  down  ;  Brown  said  his  object  was  to  free  the  slaves ; 
told  him  there  were  not  man\' there;  lie  rejdied,  "Tiie  good  book  says  we  are  all  free 
and  equal,"  and  if  we  were  peaceable  we  should  not  be  Iiurt;  there  was  some  firing  ab(mt 
that  time;  afterward,  about  three  o'clock,  witness  was  sent  to  tell  the  conductor  that  the 
train  might  pass  unmolested  ;  saw  Mr.  Beckiiain,  and  delivered  the  message;  Brown  then 
dismissed  me;  did  not  go  home,  being  afraid  some  of  Brown's  men,  not  knowing  this, 
miglit  siioot  me;  saw  Hayward  bronglit  in,  wounded. 

Mr.  Kelly,  recalled — Saw  Geo.  W.  Turner  killed  on  High  street;  he  was  shot  while  in 
the  act  of  levelling  his  gun;  the  shuts  came  from  the  corner  of  Shenandoah  and  High 
streets ;  the  men  who  fired  had  rifles ;  one  had  a  shawl  on. 
» 

Afternoon  Session,  3  o'clock. 

Henry  Hunter,  sworn — Went  to  the  Ferry  with  the  Charlestown  Guard  ;  staid  in  the 
bridge,  leaving  the  company;  went  oft"  fighting  on  my  own  hook;  saw  Beckham  fall  when 
shot;  heard  the  whistling  of  the  ball  ;  undertook  to  go  to  his  assistance,  but  was  with- 
held by  a  friend  ;  soon  after,  anotlier  person  went  to  remove  the  body,  saying  lie  "  would 
help  the  Squire;"  heard  the  whistling  of  anotlier  ball;  think  that  Beckham  had  a  pistol 
in  his  coat  pocket,  judging  from  the  weight  and  shape  of  the  ])ocket;  did  not  see  it,  and 
don't  think  the  people  from  the  Armory  yard  saw  it ;  the  shot  that  killed  Beckham  came 
from  the  engine-house  ;  numerous  shots  were  fired  from  the  engine-house  at  the  tank. 

The  cross  examination  of  this  witness  elicited  nothing  new. 

Col.  Gibson,  sworn — Helped  a  portion  of  the  militia  of  Jefferson  County  to  suppress 
the  insurrection  ;  the  Jelferson  Guards  and  other  detachments  were  in  the  action  ;  they 
were  called  out  by  authority  of  law;  three  insurgents  were  killed  at  the  rifle  factory,  and 
Copland  captured. 

Cross-examined — There  was  firing  by  outside  citizens,  and  the  three  killed  were  not 
under  my  command;  don't  think  the  insurgents  fired  a  gun  at  the  rifle  factory,  but  en- 
deavored to  make  their  escape  across  tlie  river. 

Benjamin  T.  Bell,  sworn — Went  to  Harper's  Ferry  armed  ;  did  not  join  the  military; 
was  stationed  in  the  Gait  House,  in  Capt.  Botts' company ;  in  the  evening  walked  out 
on  the  jilatfurm;  saw  Beckham  shot;  went  as  near  to  him  as  was  .safe,  but  perceived  no 
breathing;  there  was  firing  from  the  engine-house  tow.ard  tlie  railroad.;  Mr.  Young,  a 
member  of  the  Jeft'erson  Guards,  was  wounded  while  making  a  charge  against  the  insur- 
sents ;  saw  others  shot ;  there'  were  probably  thirty  shots  fired  from  the  engine-Incise  to- 
ward the  tank,  and  in  other  directions. 

Cross-examined — There  was  general  firing  in  almost  every  direction  ;  McCabe  was 
about  firing  when  he  was  shot;  tliere  were  twenty  or  thirty  men  firing  at  the  en- 
gine-house when  Young  and  McOabe  were  wounded. 

Lewis  Starry  examined — He  testified  respecting  the  killing  of  Turner. 

The  prosecution  rested  here. 


THE  HARPER'S  FERRY  INSURREOTIOK  75 


THE  DEFENCE. 

Tlie  Counsel  for  the  Defence  called  Joseph  A.  Bkewbr,  who  testified  that  he  was 
one  of  the  prisoners  in  tiie  engine-liouse  witli  Washington  and  others;  Brown  remarked 
tliat  the  i)risoners  should  sliare  tlieir  danger ;  tliey  were  allowed  to  sl)elter  tlieinselves 
as  tiiey  could ;  Cross  went  out  with  a  flag  of  truce  ;  another  went  out  and  came  back 
wounded;  Stepliens  and  Kitzniiller  went  out,  and  Stepiiens  was  shot;  after  tluit  it  com- 
menced raining  very  hard  ;  supposed  Stephens  was  dead  ;  he  lay  near  the  corner  of  the 
depot;  heard  groaning,  and  saw  Stephens  nu)ving;  asked  Brown  to  send  a  man  to  the 
relief  of  Stephens  ;  Brown  refused  to  send  any  otie,  because  he  would  be  shot;  witness 
was  allowed  to  go  and  assist  Stephens  into  the  iiotel ;  he  returned  to  the  engine-house 
according  to  his  pledge;  was  sent  several  times  by  Brown  to  request  the  citizens  not  to 
shoot,  as  the  lives  of  tlie  prisoners  were  endangered  ;  negotiations  were  going  on  between 
Brown  and  the  prisoners  before  the  general  firing  commenced;  Brown  proposed  tliat  he 
should  retain  possession  of  what  he  held,  including  the  Armory  and  negroes,  and  Col.  Wash- 
ington and  the  others  seemed  to  acquiesce  in  this  arrangement;  Cross  was  sent  out  to  con- 
fer with  Beckham  and  others  on  tlje  subject;  a  guard  weut  with  him,  who  were  fired 
njwn  ;  after  that  Stephens  wanted  to  shoot,  but  Kitzmiller  appealed  to  him  and  they  went 
out  together  to  stop  the  firing ;  when  they  did  not  return,  Brown  seemed  to  show  temper, 
anc  there  was  a  ciiange  in  the  arrangements;  after  tliat  Brown  said  he  had  it  in  his  power 
to  destroy  that  place  in  half  an  hour,  but  would  not  do  it,  unless  resisted;  think  a  shot 
from  tlie  water-tank  struck  Coppie;  he  then  returned  the  fire,  and  some  one  said,  "that 
niin's  down  ;"  the  special  object  of  witness  in  going  out  was  to  see  the  firing  from  the 
talk,  which  was  annoying  to  those  in  the  guard-house. 

A.  M.  Kitzmiller,  sworn — Made  repeated  eiforts to  accommodate  matters  with  Brown; 
ae  said  his  object  there  was  to  free  the  slaves  from  bondage,  and  if  necessary  fight  tiie 
pro-slavery  men  for  that  purpose;  I  was  first  surprised,  then  indignant,  and  finally  dis- 
gusted with  Brown ;  he  said  to  me,  "  there  is  a  company  of  riflemen  on  the  bridge  ;  get 
them  to  go  in  company  with  Stephens;"  Mr.  Hunter  told  them  he  was  sorry  they 
did  not  leave  their  guns;  Stephens  remarked,  that  would  not  do;  I  had  no  flag,  and  did 
not  Consider  myself  tlie  bearer  of  a  flag  of  truce;  as  to  the  rifle  company  on  the  bridge,  I 
saw  they  were  our  own  men,  waved  my  handkerchief,  and  told  the  other  man  to  remain; 
soon  heard  firing  very  close;  Stephens  fired  in  reply  to  a  shot  which  struck  him  from 
the  house  by  the  Wincliester  railroad  depot ;  Stephens  swore  and  the  other  man  re- 
turned;  I  think  it  was  Brown's  son;  Stephens  was  shot  before  he  fired  back;  Thomp- 
son, of  Brown's  men,  was  a  prisoner  on  the  bridge. 

[Brown  here  cried  over  the  circumstances  connected  with  the  death  of  Thompson.] 

Witness — I  was  not  tliere,  and  did  not  see  the  last;  the  last  I  saw  of  Thompson  he 
was  a  prisoner  with  the  Ferry  people  on  the  bridge  ;  Moore,  Burkhardt,  Anderson,  and 
twenty  or  thirty  others  were  there  ;  Mr.  Beckham  was  killed  at  or  about  the  time  Thomp- 
son was  taken;  did  not  return  to  the  engine-house;  witness's  object  was  to  prevent  unne- 
cessary shedding  of  blood ;  went  out  at  the  request  of  Brown  to  use  his  influence  for  that 
purpose. 

James  Beller,  sworn — Was  at  the  Gait  House  with  Chambers  on  Monday  morning ; 
Chambers  fired,  and  I  saw  the  man  whom  he  shot  lying  there;  did  not  know  the  man; 
supposed  it  was  Stephens  ;  did  not  see  any  one  with  him  when  shot;  Stephens  was  shot 
before  Capt.  Botts'  company  reached  the  Gait  House. 

Mr.  Green  stated  to  the  Court  that  be  desired  to  bring  out  testimony  relative  to  the 
shooting  of  Tiiompson,  one  of  the  insurgents  on  the  bridge  ;  but  the  State  objected  to  it 
unless  Brown  had  a  knowledge  of  that  shooting. 

Mr.  Hunter  said  there  was  a  deal  of  testimony  about  Brown's  forbearance  and  not 
shooting  citizens,  that  had  no  more  to  do  witii  this  case  than  the  dead  languages.  If  he 
understood  tlie  oflfer,  it  was  to  show  that  one  of  those  men,  named  Thompson,  a  prisoner, 
was  dispatched  after  Beckham's  death.  The  circumstances  of  the  deed  might  be  such  as 
he  himself  might  not  at  all  approve.  He  did  not  know  liow  that  might  be,  but  he  desired 
to  avoid  any  investigation  that  might  be  used.  Not  that  it  was  so  designed  by  the  re- 
spectable counsel  employed  in  the  case,  but  because  he  tiiought  the  object  of  the  prisoner 
in  getting  at  it  was  for  out-door  eflfect  and  influence.  He  therefore  said  if  the  defence 
could  show  that  this  prisoner  was  aware  of  these  circumstances,  and  the  manner  in  which 
that  party  was  killed,  and  still  exerted  forbearance,  he  would  not  object.     But  unless  tho 


76  THE  HAEPER'S  FFRRY  INSURRECTION 

knowledice  of  it  could  be  brongUtbome  to  tbe  prisoner  and  his  after  conduct,  lie  could  not 
see  its  relevancy. 

Mr.  BoTTS  observed  tliat  they  bad  already  proved  that  for  bours  after  tbat,  communi- 
cations were  Iield  between  the  parties. 

Tlie  Court  thought  these  facts  admissible  as  evidence. 

Mr.  IIuNTEK  (the  witness)  was  recalled — After  Mr.  Beckliam,  who  was  my  grand-uncle, 
was  shot,  I  was  much  exasperated,  and  started  with  Mr.  Chambers  to  tbe  room  where  tlie 
second  Thompson  was  confined,  with  tiie  purpose  of  shooting  him.  We  found  several 
pers(ms  in  the  room,  and  had  levelled  our  guns  at  liini,  wiien  Mrs.  Foulke's  sister  tlirew 
herself  before  him,  and  begged  us  to  leave  him  to  tlie  laws.  We  then  caught  hold  of  him, 
and  drugged  him  out  by  the  throat,  he  saying:  "  Though  you  may  take  my  life,  80.000,- 
000,000  will  rise  np  to  avenge  me,  and  carry  out  my  purpose  of  giving  liberty  to  tlie  slaves." 
We  carried  him  out  to  the  bridge,  and  two  of  us,  levelling  our  guns  in  this  moment  of 
wild  exasperation,  fired,  and  before  he  fell,  a  dozen  or  more  balls  were  buried  in  him  ;  we 
then  threw  his  body  off  the  tressel  work,  and  returned  to  the  bridge  to  bring  out  tbe  pri- 
soner, Stephens,  and  serve  him  in  the  same  way;  we  found  him  suffering  from  his  wounds, 
and  probably  dying;  we  concluded  to  spare  him,  and  start  after  others,  and  shoot  all  We 
could  find;  I  had  just  seen  my  loved  uncle  and  best  friend  I  ever  had,  shot  down  by  those 
villainous  Abolitionists,  and  felt  justified  in  shooting  any  that  I  could  find  ;  I  felt  it  my 
duty,  and  I  have  no  regrets. 

Wm.  M.  Williams,  the  watchman  on  tbe  bridge,  stated  the  particulars  of  his  arrestjand 
confinement  in  tbe  watch-house ;  Brown  told  the  prisoners  to  hide  themselves,  or  fliey 
would  be  shot  by  the  people  outside;  be  said  he  would  not  hurt  any  of  them  ;  Brown  told 
Mr.  Grist  to  tell  the  people  to  cease  firing,  or  he  would  burn  the  town ;  but  if  they  ditjn't 
molest  him,  he  wouldn't  molest  them  ;  heard  two  shots  on  tbe  bridge  about  the  time  ^he 
express  train  arrived;  did  not  see  Hay  ward  killed. 

Brown — State  what  was  said  by  myself,  and  not  about  his  being  shot. 

Williams — I  think  you  said  that  if  he  had  taken  care  of  himself,  he  would  not  bavt 
suffered.  1 

Reason  Cross  sworn — I  prepared  a  proposition  that  Brown  should  retain  the  posses] 
sion  of  the  Armory,  that  he  should  release  us,  and  that  the  firing  should  stop.  j 

Brown — Were  there  two  written  propositions  drawn  up  while  you  were  prisoner?         1 

Cross — Yes,  there  was  another  paper  prepared  by  Kitzmiller,  and  some  others;  I  went 
out  to  stop  the  firing;  a  man  went  with  me,  and  they  took  him  prisoner  and  tied  liira  ; 
this  was  Thompson,  who  was  afterward  taken  out  and  shot;  Brown's  treatment  of  me 
was  kind  and  respectful ;  heard  him  talk  roughly  to  some  men  who  were  going  in  to  where 
the  blacks  were  confined. 

Several  witnesses  for  tbe  prisoner  were  here  called,  and  did  not  answer  the  subpoenas. 
They  had  not  been  returned. 

Brown  arose  from  his  mattress,  evidently  excited,  and  standing  on  his  feet,  addressed 
the  Court,  as  follows  : 

Mat  it  Please  the  Court  :  I  discover  that,  notwithstanding  all  the  assurances  I  have 
received  of  a  fair  trial,  nothing  like  a  fair  trial  is  to  be  given  me,  as  it  would  seem.  I  gave 
the  names  as  soon  as  I  could  get  at  them,  of  the  persons  I  wislied  to  have  called  as  wit- 
nesses, and  was  assured  that  they  would  be  subpoenaed.  I  wrote  down  a  memorandum  to 
that  effect,  saying  where  those  parties  were;  but  it  appears  that  they  have  not  been  sub- 
poenaed as  far  as  I  can  learn  ;  and  now  I  ask  if  I  am  to  have  anything  at  all  deserving  the 
name  and  shadow  of  a  fair  trial,  that  this  proceeding  be  deferred  until  to  morrow  morning; 
for  I  have  no  counsel,  as  I  before  stated,  in  whom  I  feel  that  I  can  relj%  but  I  am  in  hopes 
counsel  may  arrive  who  will  attend  to  seeing  that  I  get  the  witnesses  who  are  necessary 
for  my  defence.  I  am  myself  unable  to  attend  to  it.  I  have  given  all  the  attention  I 
possibly  could  to  it,  but  am  unable  to  see  or  know  about  them,  and  can't  even  find 
out  their  names ;  and  I  have  nobody  to  do  any  erraiul,  for  my  money  was  all  taken 
when  I  was  sacked  and  stabbed,  and  I  have  not  a  dime.  1  had  two  hundred  and 
fifty  or  sixty  dollars  in  gold  and  silver  taken  from  )ny  pocket,  and  now  I  have  no 
possible  means  of  getting  anybody  to  go  my  errands  for  me,  and  I  have  not  liad  all 
the  witnesses  subpoeiuxed.  They  ai-e  not  within  reach,  and  are  not  here.  I  ask  at 
least  until  to-morrow  morning  to  have  something  done,  if  anything  is  designed;  if 
not,  I  am  ready  for  anything  that  may  come  up. 


THE   HARPER'S  FERRT   INSURREOTION".  77 

Brown  then  lay  down  again,  drew  his  blanket  over  hiin,  and  closed  his  eyes  and 
appeared  to  sink  in  tranquil  shnnber. 

Mr.  HoTT,  of  Boston,  who  Iiad  been  sitting  qnietly  all  day  at  the  side  of  Mr.  Botts, 
arose  amid  great  sensation,  and  addressed  the  Court  as  follows : 

Mat  it  Please  the  Oottrt  :  I  would  add  iny  voice  to  the  appeal  of  Mr.  Brown, 
altlioiigli  I  liave  had  no  consultation  with  liiin,  that  the  further  hearing  of  the  case  may 
be  postponed  until  morning.  I  would  state  the  reason  of  this  request.  It  was  that  J  was 
informed,  and  had  reason  to  believe,  that  Judge  Tilden  of  Ohio  was  on  his  way  to  Char- 
lestown,  and  would  undoubtedly  arrive  at  Harper's  Ferry  at  7  o'clock  to-niglit.  I  have 
taken  measures  to  insure  that  gentleman's  arrival  in  this  place  to-night,  if  he  reaches  tlie 
Ferry.  For  myself,  I  liave  come  from  Boston,  travelling  night  and  day,  to  volunteer  my 
services  in  defence  of  Brown.  I  could  not  undertake  the  resi)onsibility  of  his  defence,  as 
I  am  now  situated.  The  gentlemen  who  have  defended  Brown  acted  in  an  honorable 
and  dignihed  manner  in  all  respects,  so  far  as  I  know,  but  I  cannot  assume  the  responsi- 
bility of  defending  him  mj'self  for  many  reasons.  First  it  would  be  ridiculous  in  me  to 
do  it,  because  I  iiave  not  read  the  indictment  through — have  not,  except  so  far  as  I  have 
listened  to  the  case  and  heard  counsel  this  morning,  got  any  idea  of  the  line  of  the  defence 
proposed,  and  have  no  knowledge  of  the  criminal  code  of  Virginia,  and  no  time  to  read  it. 
I  had  no  time  to  examine  the  questions  arising  in  this  defence,  some  of  which  are  of  con- 
siderable importance,  especially  that  relative  to  the  jurisdiction  over  the  Armory  grounds. 
For  all  these  reasons,  I  ask  the  continuation  of  the  case  till  to-morrow  morning. 

Mr.  Botts — In  justice  to  myself  I  must  state  that,  on  being  first  assigned  as  counsel  to 
Mr.  Brown,  I  conferred  with  him,  and  at  his  instance  took  down  a  list  of  the  witnesses 
he  desired  subpoenaed  in  his  behalf.  Though  it  was  late  at  night,  1  called  up  the  sheriff, 
and  informed  him  that  I  wished  subpoenas  to  be  issued  early  in  the  morning.  This  was 
done,  and  there  are  here  Messrs.  Phelps,  Williams  and  Grist,  and  they  have  been  exam- 
ined. 

Sheritf  Campbell  stated  that  the  snbpoenas  were  placed  in  the  hands  of  an  officer,  with 
the  request  to  serve  them  at  once.  He  must  have  served  them,  as  some  of  the  witnesses 
are  here.  The  process  has  not  been  returned,  and  may  have  been  sent  by  private  hands 
and  failed  to  arrive. 

Mr.  Botts  thought  they  had  shown,  and  he  was  confident  he  .spoke  the  public  senti- 
ment of  the  whole  community,  when  he  said  tiiey  wished  Mr.  Brown  to  have  a  fair  trial. 

Mr.  Hunter — I  do  not  rise  for  the  purpose  of  protracting  the  argument,  or  interposing 
the  slightest  impediment  in  any  way  to  a  fair  trial.  This  is  fair.  AVhether  it  was  pro- 
mised to  Brown  or  not,  it  is  guaranteed  by  our  laws  to  every  prisoner;  and,  so  tar  as  I 
am  concerned,  I  have  studiously  avoided  suggesting  anything  to  the  Court  which  would 
in  the  slightest  degree  interfere  with  it.  I  beg  leave  to  say,  in  reference  to  this  applica- 
tion, that  I  suppose  the  Court,  even  under  these  circumstances,  will  have  to  be  satisfied 
in  some  way,  through  counsel  or  otherwise,  that  this  testimony  is  material  testimonj'.  So 
far  as  any  witness  has  been  examined,  the  evidence  relates  to  the  conduct  of  Captain 
Brown  in  the  treating  his  prisoners  witli  leniency,  respect  and  courtesy,  and  this  addi- 
tional matter,  that  his  flags  of  truce — if  you  choose  to  regard  them  so — were  not  respected 
by  the  citizens,  and  that  some  of  his  men  were  shot.  If  the  defence  choose  .to  take  that 
course,  we  are  perfectly  willing  to  admit  these  facts  in  any  form  they  desire.  Unless  the 
Court  sliall  be  satisfied  that  this  testimony  (which,  I  have  no  doubt,  is  every  particle  of 
it  liere).  which  could  begot,  is  really  material  to  the  defence,  I  submit  that  tlie  applica- 
tion for  delay  on  that  score  should  not  be  granted.  Some  of  these  witnesses  have  been 
here,  and  might  have  been  asked  to  remain.  A  host  of  witnesses  have  been  here,  and 
have  gone  away  without  being  called  on  to  testifj-.  I  simply  suggest  that  it  is  due,  in  jus- 
tice to  the  Commonwealth,  which  has  some  right,  as  well  as  the  prisoner,  that  information 
be  given  to  the  Court,  showing  that  additional  testimony  is  relevant  to  the  issue.  The 
simple  statement  of  counsel  I  do  not  think  would  be  sufllcient. 

Mr.  Gkeen  arose  and  said,  Mr.  Botts  and  myself  will  now  withdraw  from  the  case,  as 
we  can  no  longer  act  in  behalf  of  the  pi-isoner,  he  having  got  up  now  and  declared  here 
that  he  has  no  confidence  in  the  counsel  who  have  been  assigned  him.  Feeling  confident 
that  I  have  done  my  whole  duty,  so  far  as  I  have  been  able,  after  this  statement  of  ins,  I 
should  feel  m^'self  an  intruder  upon  this  case  were  I  to  act  for  him  from  this  time  forward. 
I  had  not  a  disposition  to  undertake  the  defence,  but  accepted  the  duty  imposed  on  me, 
and  I  do  not  think,  under  these  circumstances,  when  I  feel  compelled  to  withdraw 


78  THE  HARPER'S  FERRY   INSURREOTIOiT. 

from  the  case,  that  the  court  could  insist  that  I  should  remaia  in  such  an  unwelcome 
position. 

Mr.  IIakoixg — "We  liave  been  delayed  from  time  to  time  by  similar  apijlications,  in  the 
expectation  of  the  arrival  of  counsel,  until  we  have  now  reached  tJie  point  of  lime  when 
we  are  ready  to  submit  the  case  to  the  Jury  upon  tiie  evidence  and  tlie  law.  wlien  anotlier 
apiilication  arises  for  a  continuance.  Tiie  very  witness  that  they  now  consider  material, 
Mr.  Dangertield,  came  here,  summoned  by  ourselves,  but  deeming  that  we  had  testimony 
enough,  we  did  not  examine  him. 

Tlie  CouKT — The  idea  of  waitmg  for  counsel  to  study  our  code  through,  could  not  be 
admitted;  as  to  tiie  other  ground,  I  do  not  know  whether  tlie  process  has  been  executed 
or  not,  as  no  return  has  been  made. 

Mr.  BoTTs — I  have  endeavored  to  do  my  duty  in  this  matter,  but  T  cannot  see  how, 
consistently  with  my  own  feelings,  I  can  remain  any  longer  in  this  case,  wiien  the 
accused  whom  I  have  been  laboring  to  defend,  declares  in  open  court  that  he  has  no  con- 
fidence in  his  counsel.  I  make  this  suggestion,  that  as  I  now  retire  from  tliis  case,  the 
more  especially  since  there  is  now  here  a  gentleman  from  Boston,  who  lias  come  on  to 
volunteer  his  services  for  the  prisoner,  that  the  Court  allow  him  this  night  for  preparation. 
My  notes,  nij-  ofHce,  and  my  services  shall  he  at  liis  command.  I  will  sit  up  witii  liim  all 
night  to  put  him  in  possession  of  all  tlie  law  and  facts  in  relation  to  this  case.  I  cannot 
do  more;  and  in  the  mean  time,  the  sheriff  can  be  directed  to  have  the  otlier  witnesses 
here  to-morrow. 

The  CouKT  would  not  compel  the  gentleman  to  remain  on  the  case,  and  accoi-dingly 
granted  the  desired  j^ostpouement,  and  adjourned  at  6  o'clock. 


FOURTH    DAY. 

Charlestown,  Ya.,  Saturday,  Oct.  29,  1859. 

The  Court  met  at  10  o'clock. 

Tlie  Judge  announced  that  he  had  received  a  note  from  the  new  counsel  of  tlie  prisoner, 
reqiiesting  a  delay  for  a  few  minutes,  to  enable  them  to  have  an  interview  with  the 
prisoner,     lie  would  accordingly  wait  a  short  time. 

Soon  afterward,  Brown  was  brouglit  in,  and  took  his  usual  recumbent  position  in  bed. 

Samtjel  Cnii.TON,  of  Washington  City,  appeared  as  additional  counsel  for  the  jirisoner, 
and  was  qualified. 

Heney  Griswold,  of  Cleveland,  Ohio,  was  introduced  to  tlie  Court  as  counsel  fo,r  the 
prisoner,  and  qualified. 

Mr.  CniLTON  thought  it  due  to  himself  to  make  an  explanatory  statement  before  the 
trial  proceeded.  Yesterday  he  was  very  unexpectedly  called  upon  to  come  here,  and  aid 
in  the  defence  of  the  prisoner.  Knowing  from  the  newsjiapers  that  t!ie  trial  was  in  pro- 
gress, he  took  time  to  consider  and  counuU  his  friends  as  to  the  propriety  of  !K'Ce]>liiig  the 
proposition.  lie  would  have  had  no  hesitation  if  he  had  been  spoken  to  in  time,  but  his 
iriends  advi-ed  liim  to  come,  and  he  did  so  with  the  expectation  of  merely  assisting  tlie 
gentlemen  already  conducting  the  defence.  Upon  reacliing  here,  lie  found  that  tiiey  had 
withdrawn  from  the  case,  and  he  then  hesitated  about  undertaking  it;  but  upon  consulta- 
tion with  the  prisoner  and  his  friends  here,  they  insisted  he  should  do  so,  and  he  would 
do  the  best  he  cmild,  not  feeling  at  liberty,  under  the  circumstances,  to  refuse.  These  cir- 
cumr^tances,  however,  would  render  it  impossible  for  him  to  discliarge  the  full  duty  of 
counsel,  not  having  had  time  to  read  the  indictment  or  examination  already  given.  He 
made  no  motion  for  delay;  this  was  a  matter  entirely  within  the  discretion  of  the  Court, 
and  if  tlie  judge  thonglit  proper  to  refuse  to  grant  any  postfxmement,  lie  knew  it  would 
be  done  under  a  sense  of  duty.  Tliose  extraordinary  circumstances  would  also  render  it 
impossilile  for  his  associate,  Mr.  Griswold,  to  discharge  his  full  duty  as  counsel.  A  short 
delay  of  a  few  hours,  if  the  Court  thought  proper  to  grant  it,  would  enable  tliem  to  make 
some  preparation. 

Tlie  Conirr  stated  that  the  trial  must  go  on.  Counsel  had  been  assigned  to  the  prisoner 
here,  of  his  own  selection,  who  had  labored  zesilonsly  in  his  behalf,  and  had  wirlidrawn 
because  the  prisoner  had  yesterday  evening  declared  in  open  Court  that  he  had  no  con- 


THE  HARPEK'S  FERRY  mSURRECTION".  79 

fivlence  in  tliem.  So  obstacle  had  at  any  time  been  thrown  in  tlie  way  of  tlie  jirisoner's 
liaviiig  an  ample  defence.  If  this  was  tlie  only  case  of  the  kind  before  the  Court,  lie 
wouKl  at  once  grant  the  request,  but  several  similar  cases  remain  to  be  disposed  of.  This 
term  will  very  soon  end.  and  it  was  his  duty  to  endeavor  to  get  through  with  all  the  cases 
if  possiMe,  injustice  to  the  prisoners,  and  in  justice  to  the  State.  The  trial  must,  there- 
fore, proceed. 

Mr,  IIoYT  remarked  that  j^esterday  various  papers  in  Oonrt,  which  were  identified,  for 
what  jmrpMse  he  knew  not,  but  presumed  he  should  be  informed,  some  as  being  jn 
Capt.  Brown's  handwriting,  and  some  as  bearing  his  indorsement.  He  had  hastily 
examined  those  papers,  and  wished  to  object  to  some  of  them.  The  learned  gentlemen 
associated  w  ith  him  in  the  trial  liad  not  examined  them,  but  he  suj)posed  the  Court  would 
not  reg;ird  that  as  material  under  the  present  ruling. 

Mr.  Hunter,  interrupting — There  is  no  need  of  argument  about  the  matter.  Designate 
those  you  wish  to  object  to. 

Mr.  lIoYT — I  desire  to  know  the  object  of  the  counsel  in  introducing  those  papers. 

Mr.  HuNTEn — The  papers  will  speak  for  themselves.  If  you  will  designate  which  of 
them  you  ohjeet  to,  we  will  go  on  at  once. 

Mr.  IIoxT — I  object  to  the  autobiography  of  Capt.  Brown,  as  having  no  bearing  on  this 
case. 

Mr.  HuNTEH — I  withdraw  it. 

Mr.  HoYT — I  object  to  the  letter  of  Gerrit  Smith. 

Mr.  IIuNTEK — I  withdraw  that,  too. 

Mr.  HovT — I  handed  to  the  clerk,  last  night,  a  list  of  names  we  wished  summoned  as 
witnt-sses— Samuel  Strider,  Henry  Ault,  Benjamin  Mills,  John  E.  P.  Dangerfield,  and 
Capt.  Simms.  I  got  a  despatch  just  now,  informing  me  that  Capt.  Simms  had  gone  to 
Frederick,  and  would  return  in  tlie  fii'st  train  this  morning,  and  come  on  to  Charlestown 
this  afternoon.  I  should  like  to  inquire  whether  the  process  had  reached  Capt.  Simms  at 
Harper's  Ferry  ? 

Sheriff  Campbell  replied  that  the  officer  stated  that  Capt.  Simms  had  gone  to 
Frederick. 

Mr.  Hunter — He  was  here  yesterday.  I  hope  we  will  proceed  with  some  other 
witnesses. 

John  P.  Dangerfield  was  called,  and  testified  that  he  was  an  officer  of  the  Armory. 
He  was  a  jjrisoner  in  the  hands  of  Captain  Brown,  at  the  engine-house.  Negotiations 
were  going  on  for  the  release  of  all  the  [irisoners  before  the  firing  commenced.  About  a 
dozen  black  men  were  there,  armed  with  pieces  Avhich  they  carried  mo.st  awkwardly  and. 
unwillingly.  During  tiie  firing,  they  were  lying  about  asleep,  some  of  them  having 
crawled  under  the  engines.  Witness  was  free  to  say,  that  from  the  treatment  of  Captain 
Brown,  he  had  no  personal  fear  of  him  or  his  men  during  his  confinement.  Saw  one  of 
the  men  shot  in  the  engine-house.  He  fell  back,  exclaiming,  "It's  all  up  with  me,"  and 
died  in  a  faw  moments.  This  man,  he  learned,  was  one  of  Capt.  Brown's  sons.  Saw 
another  young  man,  who  canie  in  wounded,  and  cimimenced  to  vomit  blood.  He  was  also 
a  son  of  Captain  Brown,  and  was  wounded  while  out  with  Mr.  Kitzmiller.  Prisoner 
frequently  complained  that  his  men  were  shot  down  while  carrying  a  flag  of  truce. 

Mr.  Hunter  complained  tl:at  they  were  going  over  again  the  same  facts  that  Avere 
elicited  ;  aiul  all  this  was  freely  admitted  by  the  defence. 

Mr.  Hoyt  said  that  he  regarded  it  as  the  only  feasible  line  of  defence  to  prove  these 
facts.  It  was  the  duty  of  counsel  to  show,  if  possible,  that  Capt.  Brown  Avas  not  guilty 
of  treason,  murder,  or  insurrection,  according  to  the  terms  of  this  indictment.  We  liopo 
to  prove  tlie  absence  of  malicious  intention. 

Mr.  Hunter  was  frank  to  admit  that  he  could  not  but  regard  this  course  as  merely 
calculated  to  waste  time. 

Mr.  HoYT  would  remind  the  Court  that  the  course  being  pursued  was  not  only  in 
accorilance  with  their  conviction  of  duty,  but  in  accordance  with  the  express  commands 
of  their  client. 

The  Court  remarked  that  the  counsel  was  responsible  to  the  Court  to  conduct  the  case 
according  to  the  rules  of  practice. 

Mr.  IIoYT  tiiought  the  language  of  the  prosecution  was  calculated  to  impugn  the  honor 
of  the  fouiwel  tor  the  prisoner. 

Mr.  liuNTJCR — Nothing  of  tlie  kind  was  intended.  It  is  presumed  the  gentlemen  will 
conduct  the  case  in  accordance  with  their  duty  as  counsel,  and  their  responsibility  to  the 
Court. 


80  THE  HARPER'S  FERRY  INSURRECTION". 

Mf.  Dangerfield,  resumed — Heard  some  conversation  by  Captain  Brown  as  to  liaving 
it  in  his  power  to  lay  tlie  town  in  aslies  and  carrying  off  the  women  and  chihlreii,  but  that 
he  iiad  refrained  from  so  doing:  heard  him  make  no  threats  that  he  would  do  so;  the 
only  tlireat  I  heard  from  him  was  at  the  commencement  of  the  storming  of  the  engine- 
house;  he  then  said  that  we  must  all  take  equal  shares  with  him,  that  we  could  no  longer 
monopolize  the  i)laces  of  safety ;  he,  however,  made  no  attempt  to  deprive  us  of  tiie 
places  we  had  taken  ;  Brown  promised  safety  to  all  descriptions  of  property,  except  slave 
]n-operty ;  at  the  time  of  the  assault  by  the  marines,  one  of  the  men  cried  out  for  quarter; 
lie  had  lienrd  the  same  man,  in  a  conversation  with  Brown  during  the  night,  ask  him  if  he 
was  comndtting  no  treason  against  his  country  in  resisting  the  marines,  to  whicli  Brown 
replied  rliat  he  was;  the  man  then  said,  "I'll  tight  no  longer" — that  he  thought  he  was 
inerelv  lighting  to  liberate  the  slaves  ;  after  the  attack  was  made  on  the  engine-house, 
two  of  Brown's  men  cried  for  quarter,  and  laid  down  their  arms,  but  after  tlie  marines 
burst  open  the  door,  they  picked  them  up  again  and  renewed  the  fight;  after  the  fii'st 
attack,  Capt.  Brown  cried  out  to  surrender,  but  he  was  not  heard  ;  did  not  see  him  fire 
afterward ;  saw  Coppie  attempt  to  fire  twice  ;  but  tl;e  caps  exploded ;  witness  saw 
Brown  wounded  on  the  liip  by  a  thrust  from  a  sabre,  and  several  sabre  cuts  on  his  head ; 
when  the  latter  wounds  were  given,  Capt.  Brown  ai)peared  to  be  shielding  himself,  with 
his  head  down,  but  making  no  resistance ;  the  parties  outside  api)eared  to  be  firing  as 
they  pleased. 

Mayor  Mills,  master  armorer,  sworn — Witness  was  one  of  the  hostages  of  Capt. 
Brown,  confined  in  the  engine-house ;  before  the  general  firing  commenced,  negotiations 
were  pending  for  the  release  of  the  prisoners ;  a  paper  was  drawn  up,  embracing  certain 
terms,  and  borne  by  Mr.  Brua  to  the  citizens  outside ;  the  terras  were  not  agreed  to ; 
the  last  time  Mr.  Brua  was  out,  there  was  severe  firing,  which,  I  suppose,  prevented  his 
return  ;  Brown's  son  went  out  with  a  flag  of  truce,  and  was  shot ;  he  came  back  wounded  ; 
the  prisoner  attended  him,  and  gave  him  water  ;  heard  Brown  frequently  complain  that 
the  citizens  had  acted  in  a  barbarous  manner  ;  he  did  not  appear  to  have  any  malicious 
feeling ;  he  undoubtedly  seemed  to  expect  reinforcements  ;  said  it  would  soon  be  night, 
and  he  would  have  more  assistance ;  his  intentions  were  to  shoot  nobody  unless  they 
were  carrying  or  using  arms;  if  they  do,  let  them  have  it ;  this  was  while  the  firiug  was 
going  on. 

Capt.  Brown  liere  asked  the  witness  whether  he  saw  any  firing  on  his  part  which  was 
not  purely  defensive. 

Witness — It  might  be  considered  in  that  light,  perhaps;  the  balls  came  into  the  engine- 
house  pretty  thick. 

Question  by  Counsel — Did  you  not  frequently  go  to  the  door  of  the  engine  house  ? 

No,  indeed,     [laughter.] 

A  general  colloquy  ensued  between  the  prisoner,  lying  on  his  cot,  and  the  witness,  as 
to  the  part  taken  by  the  prisoner  in  not  unnecessarily  exposing  his  hostages  to  danger. 
No  objection  was  made  to  Brown's  asking  these  questions  in  his  own  way,  and  interpos- 
ing verbal  explanations  relative  to  his  conduct.  The  witness  generally  corroborated  his 
own  version  of  the  circumstances  attending  the  attack  on  the  engine-house,  but  could 
not  testify  to  all  the  incidents  that  he  enumerated.  He  did  not  hear  him  say  that  he 
surrendered.  Witness's  wife  and  daughter  were  permitted  to  visit  him  unmolested,  and 
free  verbal  communication  was  allowed  with  those  outside.  We  were  treated  kindly,  but 
were  compelled  to  stay  where  we  didn't  want  to  be.  Brown  appeared  anxious  to  elTect 
a  compromise. 

Samuel  Snider  sworn.  This  witness  proceeded  to  detail  the  whole  circumstances  of 
the  two  days,  with  what  he  saw,  what  he  thought,  and  what  he  heard.  Nothing  new  was 
elicited.  He  confirmed  the  statement  of  the  other  witnesses,  that  Brown  endeavored  to 
protect  his  hostages,  and  constantly  said  that  he  wished  to  make  terms  more  for  their 
safety  than  his  own. 

Mr.  IIoTT,  at  half-past  one  o'clock,  complained  of  indisposition  from  the  heat  of  the 
room,  and  asked  that  the  usual  recfess  for  dinner  be  taken. 

The  Court  then  adjourned  for  one  hour. 

At  2  o'clock  the  Court  reassembled,  and  Mr.  Griswold,  taking  his  seat  by  the  side  of 
the  prisoner,  prepared  to  question  the  witnesses,  and  to  receive  from  him  such  sugges- 
tions in  the  course  of  the  examination  as  he  had  to  make. 

Capt.  SiMMS,  commander  of  a  volunteer  company  of  Frederick,  Md.,  was  sworn — The 
report  came  to  Frederick  that  750  blacks  and  abolitionists  combined  had  seized  Har- 
per's Ferry  ;  witness  started  for  the  Ferry  with  the  volunteers  under  command  of  Col.- 


THE   HARPER'S  FERRY  INSURRECTION.  81 

Slirivor,  and  was  glad  to  find  tlieir  numbers  were  exaggerated  after  lie  readied  there  on 
Monday  at'ternoou ;  tlie  door  of  tlie  engine-house  was  partially  open,  and  witness  was 
liailed  from  there  ;  two  shots  had  been  fired  from  there ;  witness  was  hailed  and  went 
in  ;  he  met  Mr.  Dangeriield  and  others  there ;  Capt.  lirown  said  to  witness  that  had  a 
proposition  to  make,  to  which  lie  listened  ;  he  wanted  to  be  allowed  to  go  over  the  bridge 
unmolested,  and  we  then  might  take  him  if  we  could  ;  he  had  fought  Uncle  Sam  before, 
and  was  willing  to  do  it  again ;  Urown  complained  that  his  men  had  been  shot  down  like 
dogs,  while  bearing  a  fiag  of  truce.  Told  him  they  must  expect  to  be  shot  down  like 
dogs  if  they  took  up  arms  in  that  way.  Brown  said  he  knew  what  he  had  to  undergo 
before  he  came  there — he  had  weighed  the  responsibility -and  should  not  shrink  from  it ; 
he  said  he  had  full  possession  of  the  town  and  could  have  massacred  all  the  inhabitants 
had  he  thought  proper  to  do  so,  but  as  he  had  not,  he  considered  himself  entitled  to  some 
terms;  Brown  said  he  had  shot  no  one  who  had  not  carried  arms ;  I  told  him  that 
Mayor  laeckham  luid  been  killed,  and  tliat  I  knew  he  was  altogether  unarmed  ;  he  seemed 
sorry  to  hear  of  his  death,  and  said,  "I  fight  only  those  who  fight  me;"  witness  then 
told  the  prisoner  that  he  did  not  think  any  compromise  could  be  efi'ected;  Brown  said 
he  kept  the  hostages  for  his  own  safety ;  they  did  not  appear  to  fear  any  injury  from  him 
or  his  men,  but  only  from  attacks  from  the  outside ;  every  man  had  a  gun,  and  four- 
fifths  of  them  were  under  no  command;  the  military  had  ceased  firing,  but  men  who 
were  intoxicated  were  firing  their  guns  in  the  air,  and  others  at  the  engine-house;  Brown 
or  any  of  his  men  could  not  have  ventured  outside  the  doors  of  the  engine-house  that 
night  without  being  shot;  saw  Stephens  in  the  hotel  after  he  had  been  wounded,  and 
shamed  some  young  men  who  were  endeavoring  to  shoot  him  as  he  lay  in  his  bed,  appar- 
ently dying;  told  them  that  if  the  man  could  stand  on  his  feet  with  a  pistol  in  his  hand, 
they  would  all  jump  out  of  the  window.  Capt.  Simms'  testimony  was  at  great  length, 
but  little  new  was  elicited. 

On  the  conclusion  of  his  testimony,  Capt.  Simms  stated  that  he  had  returned  here  at  the 
summons  of  the  prisoner  to  testify  in  his  behalf,  with  as  great  alacrity  as  he  had  come 
to  testify  against  him.  Ue  had  no  sympathy  for  the  acts  of  the  prisoner  ;  for  his  move- 
ment, on  the  contrary,  he  would  be  one  of  the  first  to  bring  him  to  punishment.  But  he 
regarded  Capt.  Brown  as  a  brave  man,  and  being  informed  that  he  wanted  him  here  as 
a  witness,  he  returned  with  pleasure.  As  a  southern  man,  he  came  to  state  the  facts 
about  the  case,  so  that  northern  men  would  have  no  opportunity  of  saying  that  south- 
ern men  were  unwilling  to  appear  as  witnesses  in  behalf  of  one  whose  principles  they 
abhorred. 

Israel  Russell,  sworn — Was  the  bearer  of  a  flag  of  truce  from  Brown's  party  to  the 
citizens  of  the  Ferry.  His  testimony  was  merely  in  corroboration  of  the  facts  stated  by 
previous  witness. 

Teee.xoe  Burns,  sworn — Was  taken  prisoner  by  Capt.  Cook  and  two  others  ;  was  one 
of  the  ten  hostages  confined  in  the  engine-house ;  Brown  had  five  or  six  of  his  men  there  ; 
he  did  not  give  any  reason  to  us  why  we  were  put  there,  except  that  it  was  for  his  own 
safety  ;  he  said  he  did  not  think  any  attack  would  be  made  upon  the  engine-house  while 
the  hostages  were  there. 

Here  the  defence  closed  their  testimony.  None  of  the  witnesses  for  the  defence  were 
cross-examined  by  the  State. 

Mr.  CuiLTox,  for  the  prisoner,  rose  and  submitted  amotion  that  the  prosecution  in  this 
case  be  compelled  to  elect  one  count  of  the  indictment  and  abandon  the  others.  The  indict- 
ment consists  of  four  counts,  and  is  indorsed  thus :  "An  indictment  for  treason,  and  advis- 
ing and  conspiring  with  slaves  and  others  to  rebel;'' the  charge  of  treason  is  in  the 
first,  and  the  second  count  alleges  a  charge  difiereut  from  that  which  is  indorsed  on  the 
back  of  the  indictment,  and  which  is  upon  record.  The  second  count  is  under  the  fol- 
lowing statute:  "  If  a  free  person  advise  or  conspire  with  a  slave  to  rebel  or  make  an 
insurrection,  he  shall  be  punished  with  death,  whether  such  rebellion  or  insurrection  be 
made  or  not. 

But  the  second  count  of  the  indictment  is  that  these  parties,  who  are  charged  by  the 
indictment,  "conspired  together,  with  other  persons,  to  induce  certain  slaves,  the  pro- 
perty of  Messrs.  Allstadt  and  Washington,  to  make  rebellion  and  insurrection.  There  is 
a  broad  distinction  between  advising  and  conspiring  with  slaves  to  rebel,  and  con- 
spiring with  others  to  induce  slaves  to  rebel.  Whether  he  was  to  avail  himself 
of  their  irregularity  by  instruction  from  the  Court  to  the  Jury  to  disregard  this 
second  count  entirely,  or  whether  it  would  be  proper  to  wait  until  the  conclusion 
of  the    trial,  and  then  move  an  arrest  of  judgment,  he  left  his  Honor  to  decide.     He 


82  THE  HARPER'S  FERRY   INSURRECTION 

procoecled  to  nrgue  the  motion  that  tlie  prosecution  be  compelled  to  elect  one  count 
and  a!>ando:i  the  others,  quoting  Archibald's  criminal  pleading  in  support  of  his  view. 
He  further  alluded  to  the  hardship  which  rests  upon  the  prisoner  to  meet  various 
and  distinct  charges  in  the  same  trial.  From  the  authority  he  read,  it  would  be 
seen  that  in  a  case  of  treason,  ditferent  descriptions  of  treason  could  not  be 
united  in  the  same  indictment ;  high-treason  could  not  be  associated  witli  other  treason. 
If  :!U  inferior  grade  of  the  same  character  could  not  be  included  in  sei)arate  counts,  still 
less  can  offences  of  higher  grade.  Treason  in  this  country  is  high  treason.  Treason 
against  the  State  of  Virginia  is  treason  against  her  sovereignty.  We  have  no  other 
description  of  treason,  because  treason  can  only  be  committed  against  sovereignty, 
whether  that  of  the  United  States,  or  of  a  sovereign  State. 

Mr.  IIardixg  could  not  see  the  force  of  the  objection  made  by  the  learned  counsel  on 
tlie  other  side.  In  regard  to  separate  offences  being  charged,  these  were  but  ditferent  parts 
of  the  same  transaction.  Treason  against  the  Government  is  properly  made  the  subject 
of  one  of  the  counts.  But  we  also  have  a  count  of  murder,  for  it  can  hardly  be  supposed 
that  treason  can  exist  without  being  followed  or  accompanied  by  murder.  Murder  arose 
out  of  this  treason,  and  was  the  natural  result  of  this  bloody  conspiracy ;  yet,  after  aU 
the  evidence  has  been  given  on  all  these  points,  the  objection  is  made  that  we  must  con- 
fine ourselves  to  a  single  one  of  them.     He  hoped  that  no  such  motion  would  be  granted. 

Mr.  Hunter  followed  on  the  other  side.  He  replied  to  the  argument  of  Mr.  Chilton, 
saying  that  the  discretion  of  the  Court  compelling  the  prosecution  to  elect  on  one  count 
in  the  indictment,  is  only  exercised  where  great  embarrassment  would  otherwise  result 
to  the  prisoner.  As  applied  to  this  particular  case,  it  involved  this  point,  that  notwith- 
standing the  transaction,  as  has  been  disclosed  by  the  evidence,  be  one  transaction,  a 
continued,  closely  connected  series  of  acts,  which,  according  to  our  apprehension  of  the 
law  of  the  land,  involves  the  three  great  offences  of  treason,  conspiring  with  and  advising 
slaves  to  make  insurrection,  and  the  perpetration  of  murder  ;  whether,  in  a  case  of  this 
character,  it  is  right  and  proper  for  the  Court  to  put  the  prosecution  upon  their 
election,  as  to  one  of  the  three,  and  bar  us  from  investigation  of  the  two  others,  although 
they  relate  to  facts  involved  in  one  grand  fact.  Notwithstanding  the  multiplicity  of 
duties  devolving  upon  the  prosecutor  and  assistant  prosecutors,  yet  we  have  found  time 
to  be  guarded  and  careful  in  regard  to  the  mode  of  framing  the  indictment.  It  is  my 
work,  and  I  propose  to  defend  it  as  right  and  proper.  He  then  proceeded  to  quote 
Chitty's  Criminal  Law  and  Robinson's  Practice  to  prove  that  the  discretion  of  tlie  Court 
there  spoken  of  in  reference  to  the  furthering  of  the  great  object  in  view  was  the  attain- 
ment of  justice. 

Where  the  prisoner  is  not  embarrassed  in  making  his  defence,  this  discretion  is  not  to 
be  exercised  by  the  Court,  and  no  case  can  be  shown  where  the  whole  ground  of  the 
indictment  referred  to  one  and  the  same  transaction.  This  very  case  in  point  would 
show  the  absurdity  of  the  principle,  if  it  were  as  broad  as  contended  for  by  his  learned 
friend.  As  to  the  other  point  of  objection,  it  was  too  refined  and  subtle  for  his  poor 
intellect. 

Mr.  Chiltox  responded.  In  order  to  ascertain  what  a  party  is  tried  for,  we  must  go 
to  the  finding  of  the  Grand  Jury.  If  the  Grand  Jury  return  an  indictment  charging  the 
party  with  murder,  finding  a  true  bill  for  that,  and  he  should  be  indicted  for  man- 
slaughter or  any  other  offence,  the  Court  would  not  have  jurisdiction  to  try  him  on  that 
count  in  the  indictment.  And  the  whole  question  turns  on  the  construction  of  the  sec- 
tion of  tlie  statute  which  has  been  read  viz. :  whether  or  not  advising  or  conspiring  with 
slaves  to  rebel  is  a  separate  and  distinct  offence  from  conspiring  with  other  persons  to 
induce  it. 

The  Court  said  that  the  difference  might  perhaps  be  taken  advantage  of  to  move  an 
arrest  of  judgment ;  but  the  Jury  had  been  charged  and  had  been  sworn  to  try  the  pri- 
soners on  the  indictment  as  drawn.  The  trial  must  go  on,  and  counsel  could  afterward 
move  an  arrest  of  judgment.  As  to  the  other  objection,  the  Court  made  this  answer  : 
"  The  very  fact  that  the  offence  can  be  charged  in  different  counts  varying  the  language 
and  circumstances,  is  based  upon  the  idea  that  distinct  offences  may  be  charged  in  the 
same  indictment.  The  prisoners  are  to  be  tried  on  the  various  counts  as  if  they  were 
various  circumstances.  There  is  no  legal  objection  against  charging  various  crimes  in  the 
same  indictment.  The  practice  has  been  to  put  a  party  upon  election  where  the  prisoner 
would  be  emljarrassed  in  his  defence;  but  that  is  not  the  law. 

In  this  case,  these  offences  charged  are  all  part  of  the  same  transaction,  and  no  case  is 
made  out  for  the  Court  to  interfere  and  put  the  parties  upon  an  election. 


THE  HARPER'S  FERRY  INSURRECTION.  83 

Mr.  Ciiii.TON  said  he  would  reserve  the  motion  as  a  basis  for  a  motion  in  arrest  of 
jndijnient. 

Mr.  Griswold  remarked  that  the  position  of  all  the  present  counsel  of  the  prisoner 
was  one  of  very  great  embarrassment.  They  had  no  disposition  to  interfere  with  the 
course  of  practice,  but  it  was  the  desire  of  the  defendant  that  the  case  should  be  argued. 
He  supposed  that  counsel  could  obtain  sufficient  knowledge  of  the  evidence  previously 
taken  by  reading  notes  of  it.  But  it  was  now  nearly  dark.  If  it  was  to  be  argued  at 
all,  he  supposed  the  argument  for  the  Oommonwealtli  would  probably  occupy  tlie  atten- 
tion of  the  Court  until  the  usual  time  for  adjournment,  unless  it  was  the  intention  to  con- 
tinue witli  a  late  evening  session.  From  what  had  heretofore  transpired  he  felt  a  deli- 
cacy in  making  any  request  of  the  Court,  but  knowing  that  the  case  was  now  ended 
except  for  mere  argument,  he  did  not  know  that  it  would  be  asking  too  much  for  the 
Court  to  adjourn  after  the  opening  argument  on  behalf  of  the  prosecution. 

Mr.  IIux'jER  would  cheerfully  bear  testimony  to  the  unexceptionable  manner  in  which 
the  counsel  who  liad  just  taken  his  seat  had  conducted  the  examination  of  witnesses  to- 
day. It  would  afford  him  very  great  pleasure  in  all  ordinary  cases  to  agree  to  the  indul- 
gence of  such  a  request  as  the  gentleman  had  just  made,  and  which  was  entirely  natural. 
But  he  was  bound  to  remember,  and  respectfully  remind  the  Court,  that  this  state  of 
things,  which  i)laces  counsel  in  a  somewhat  embarrassing  position  iu  conducting  the 
defence,  is  purely  and  entirely  the  act  of  the  prisoner.  His  counsel  will  not  be  responsi- 
ble for  it ;  the  Court  is  not  responsible  for  it,  but  the  unfortunate  prisoner  is  responsi- 
ble for  his  own  act  in  dismissing  his  faithful,  skillful,  able  and  zealous  counsel  on  yester- 
day afternoon.  He  would  simply  say  that  not  only  were  the  jurors  kept  away  from  their 
families  by  their  delays,  but  there  could  not  be  a  female  in  this  county  who,  whether 
with  the  good  cause  or  not,  was  not  trembling  with  anxiety  and  apprehension.  While 
their  courtesy  to  the  counsel  and  humanity  to  the  prisoner  should  have  due  weight,  yet 
the  commonwealth  has  its  rights,  the  community  has  its  rights,  the  Jurj^  have  their 
rights,  and  it  was  for  his  Honor  to  Aveigh  these  in  opposite  scales,  and  determine  whetlier 
we  should  not  go  on  and  bring  this  case  to  a  close  to-night.  We  had  until  twelve  o'clock 
to  do  it  in. 

Mr.  CniLTOi^  said  their  client  desired  that  they  should  argue  his  case.  It  was  impossi- 
ble for  him  to  do  so  now,  and  he  could  not  allow  himself  to  make  at  attempt  an  argu- 
ment on  a  case  about  which  he  knew  so  little.  If  he  were  to  get  up  at  all,  it  would  be 
for  the  unworthy  purpose  of  wasting  time.  He  had  no  such  design;  but  having  under- 
taken this  man's  cause,  he  very  much  desired  to  comply  with  his  wishes.  He  would  be 
the  last  man  in  the  world  to  subject  the  jurors  to  inconvenience  unnecessarily,  but 
altliough  the  prisoner  may  have  been  to  blame,  may  have  acted  foolishly,  and  may  have 
had  an  improper  purpose  in  so  doing,  still  he  could  not  see  that  he  should  therefore  be 
forced  to  have  his  case  submitted  without  argument.  In  a  trial  for  life  and  death,  we 
should  not  be  too  precipitate. 

The  Court  here  consulted  with  the  jurors,  who  expressed  themselves  very  anxious  to 
get  home. 

Ilis  Honor  said  he  was  desirous  of  trying  this  case  precisely  as  he  would  try  another, 
without  any  reference  at  all  to  outside  feeling. 

Mr.  IIoYT  remarked  that  he  was  physically  incapable  of  speaking  to-night,  even  if 
fully  prepared.  He  had  worked  very  hard  last  night  to  get  the  law  points ;  until  he  fell 
unconscious  from  exhaustion  and  fatigue.  For  tlie  last  five  days  and  nights  he  had  only 
slept  ten  hours,  and  it  seemed  to  him  that  justice  to  the  person  demanded  the  allowance 
of  a  little  time  in  a  case  so  extraordinary  in  all  its  respects  as  this. 

The  Court  suggested  that  we  might  have  the  opening  argument  for  the  prosecution 
to-night  at  any  rate. 

Mr.  Harding  would  not  like  to  open  the  argument  now,  unless  the  case  was  to  be  fin- 
ished to-night.  He  was  willing,  however,  to  submit  the  case  to  the  Jury  Avithout  a  sin- 
gle word,  believing  they  would  do  the  prisoner  justice.  The  prosecution  had  been  met 
not  only  on  the  threshold,  but  at  every  step  with  obstructions  to  the  progress  of  the  case. 
If  tlie  case  was  not  to  be  closed  to-night,  he  would  like  to  ask  the  same  indulgence  given 
to  the  otiier  side,  that  he  might  collate  the  notes  of  the  evidence  he  had  taken. 

The  Couj!T  inquired  what  length  of  time  the  defence  would  require  for  argument  on 
Monday  morning.     He  could  then  decide  whether  to  grant  the  request  or  not. 

After  consultation,  Mr.  Chilton  stated  that  there  would  be  only  two  speeches  by  him- 
fcelf  and  Mr.  Griswold,  not  occupying  more  than  two  hours  and  a  half  in  all. 

Mr.  Hlnter  again  entered  an  earnest  protest  against  delay. 


84  THE  HARPEE'S  FERRY  INSURRECTION. 

Tlie  Court  replied,  "Then  you  can  go  on  yourselves." 

Mr.  Hakdixct  then  commenced  the  opening  argument  for  the  Commonwealth,  and 
spoke  only  for  about  forty  minutes.  He  reviewed  the  testimony  as  elicited  during  the 
examination,  and  dwelt  for  some  time  on  the  absurdity  of  the  claim  or  expectation  of 
the  prisoner— that  he  should  have  been  treated  according  to  the  rules  of  honorable  war- 
fare. He  seemed  to  have  lost  sight  of  the  fact  that  he  was  in  command  of  a  band  of 
murderers  and  thieves,  and  had  forfeited  all  title  to  protection  of  any  kind. 

The  Court  then  adjourned  at  5  o'clock,  to  meet  again  at  nine  o'clock  Monday  morning, 
when  Mr.  Griswold  will  deliver  his  opening  speech  for  the  prisoner. 


FIFTH  DAY. 

Charlestown,  Va.,  Monday,  Oct.  30,  1859. 

The  Court  met  at  nine  o'clock. 

The  prisoner  was  brought  in,  and  the  trial  proceeded  without  delay. 

Brown  looks  better  than  heretofore,  and  his  health  is  evidently  improving.     He  was 
laid  on  a  bed,  as  usual. 

The  Court  House  and  its  approaches  were  densely  crowded. 

Mr.  Griswold,  on  behalf  of  the  defence,  said  :— May  it  please  your  Honor  and  Gentle- 
men of  the  Jury — Since  the  adjournment  of  the  Court  on  Saturday  evening,  I  have  paid 
sucli  attention  to  the  case  as  I  reasonably  could,  and  such  as  will  enable  me  to  condense 
my  remarks  within  the  shortest  possible  space,  in  accordance  with  the  arrangements 
mutually  entered  into.  I  feel  as  though  an  hour  was,  however,  a  very  limited  time  to 
discuss  the  many  questions  that  are  intimately  connected  with  the  consideration  of  this 
irajwrtant  case.  At  the  same  time  I  feel  perfectly  satisfied  that  I  can  do  more  justice  to 
it,  with  the  opportunity  afforded  to  me  by  the  delay  that  was  kindly  granted  by  the 
Court,  than  I  could  possibly  have  done  when  I  was  so  unprepared  for  it.  Gentlemen, 
the  prisoner  at  the  bar  is  charged  with  four  offences,  or  rather  I  may  say  there  are  four 
counts  cliarged  against  him,  three  of  which  are  for  distinct  offences,  one  of  which  is 
charged  in  two  different  counts.  Counsel  for  the  State  did  not  specify  particularly  the 
grounds  upon  which  he  did  this.  First,  however,  the  defendant  is  charged  with  treason, 
and  is  so  charged  in  nearly  all  the  forms  of  treason  required  by  law.  In  the  second 
count  he  is  charged  with  conspiring,  and  is  thus  indicted  with  certain  other  persons  for 
conspiring  to  induce  slaves  to  rebel  and  make  insurrection.  In  the  same  count  he  is 
charged  with  aiding  and  advising  slaves  to  rebel  and  make  insurrection,  etc.  In  the 
third  count  he  is  charged  with  murder— with  willful  and  deliberate  murder.  I^  the 
fourth  count  he  stands  charged,  with  four  other  persons,  three  of  whom  are  charged 
with  murder,  and  the  fifth  with  aiding  and  abetting,  and  that  therefore  they  were  all 
guilty  of  the  crime  of  murder.  There  is  one  crime  preferred  here  against  the  prisoner  to 
M'hich  I  will  briefly  advert,  in  a  manner  personal  to  myself.  I  do  not  know,  although  I 
am  a  stranger,  that  it  is  necessary  for  me  to  say  that  I'have  no  sympathy  whatever  with 
any  man  who  could  be  guilty  of  such  an  offence  as  is  charged  here.  I  would  not  say 
this  but  for  the  fact  that  I  am  an  utter  stranger  here ;  and  having  made  that  remark, 
perhaps  it  may  be  i)roper  for  me  to  make  one  more.  Allusion  was  made  by  witnesses  to 
the  state  of  the  public  feeling  prevailing  in  the  North  upon  this  subject.  A  similar 
allusion  was  made  by  the  Commonwealth's  attorney  in  his  remarks,  which  he  submitted 
to  you  the  other  day.  It  is  therefore  not  out  of  place  for  me  to  say,  that  so  far  as  I  know 
the  state  of  the  public  sentiment  in  the  North,  and  I  think  I  know  something  of  it,  for 
my  business  and  calling  bring  me  into  association  with  all  classes  of  people — it  is,  there- 
lin'e,  1  say,  not  inappropriate  for  me  to  say  that  there  is  no  sentiment  in  the  North  in 
accordance  with  that  of  the  defendant,  or  anybody  else  who  may  be  guilty  of  the  offences 
charged  in  that  indictment.  There' may  be  those,  here  -and  there,  who  feel  that  similar 
scenes  to  those  which  lately  occurred,  may  from  time  to  time  be  brought  about;  but 
whether  the  result  of  interference  from  abroad,  or  the  spontaneous  outgushing  from 
within  the  southern  States  themselves,  it  is  a  subject  of  deep  regret  that  there  should 
be  any  fear  or  danger  of  such  things.  And  while  they  believe  that  such  things  may 
Jiannen,  t!iey  believe  it  with  regret ;  and  it  is  their  anxious  hope  that  these  feelings 
whici  they  deem  to  exist,  may  be  removed  peaceably  and  effectually.    But,  gentlemen, 


THE  HARPER'S  FERRY  INSURRECTION  85 

I  stand  here  to  defend  this  man  as  T  would  any  other  man  charged  with  oflfeiices  against 
this  Stale,  wlien  called  upon  to  do  so.  I  ask  you,  gentlemen,  to  take  the  testimony  in 
view  of  the  law  as  given  you  by  the  Court,  and  to  weigh  it  carefully  and  deliberately, 
I  say  to  you,  not  in  the  language  of  the  prosecuting  attoi'ney,  to  glide  over  it,  but  to  in- 
vestigate it  clearly,  and  say  whether  the  otfcnces  charged  agaiast  the  prisoner  have  been 
committed  by  him  or  not,  and  whether  they  are  sustained  by  the  evidence.  I  feel  con- 
sideral)le  embarrassment  in  coming  before  a  jury  to  defend  a  prisoner  against  charges  of 
this  kind  under  circumstances  which  are  patent  to  you  all.  1  know  that  you  have  been 
selected  for  the  high  duty  as  men  competent  to  try  the  issue,  and  as  men  of  sufficient 
integrity  and  honesty  of  purpose  to  rise  above  the  prejudices,  the  passions  and  the  feel- 
ings of  every  description  which  surround  you.  But  yet,  you  are  in  the  midst  of  a  com- 
muflity  which,  I  am  informed  since  I  took  part  in  this  trial,  is  greatly  excited  ;  and  even 
since  I  came  into  this  court  that  fact  has  been  brought  to  your  mind.  Counsel  for  the 
prosecution  told  you,  the  other  day,  that  anxious  faces  were  hanging  around  the  court- 
house invoking  a  verdict  of  condemnation  upon  the'prisori'cr.  .His  distinguished  associ- 
ate told  you  that  not  a  lady  in  the  county  felt  herself  safe  while  things  were  in  the  con- 
dition they  were  now  in.  If  this  be  so,  then  I  say  to  you  that  the  greater  caution  is 
required  at  your  hands  in  giving  this  question  a  fair  and  impartial  consideration.  I  was 
rejoiced  to  hear  that  the  universal  sentiment  throughout  the  county  is  that  the  unfortu- 
nate man  should  have  a  fair  trial.  I  was  rejoiced  to  see  that  sentiment  echoed  through- 
out the  whole  State,  through  your  Governor,  that  he  should  have  a  fair  trial.  I  have  no 
doubt  that  it  is  the  firm  intention  of  every  member  of  the  Jury  to  give  him  a  fair  and 
impartial  trial.  But,  gentlemen,  what  is  meant  by  a  fair  trial?  It  is  not  that  the  mere 
forms  of  law  should  be  invoked,  because  that,  it  is  well  known,  no  matter  what  the 
evidence  may  be — because,  I  say,  it  is  well  known  that  these  forms  are  but  the  pathway 
to  the  scaffold.  I  do  not  mean  that  the  mere  forms  of  a  fair  trial  should  be  observed. 
Why  ?  Because  they  may  be  used  merely  to  conceal,  for  the  time  being,  the  gallows 
that  looms  behind.  I  do  mean  that  he  shall  have  not  only  the  forms  of  a  fair  trial,  but 
tliat  every  principle  of  law  and  justice  shall  be  made  available,  and  every  particle  of  evi- 
dence introduced  by  himself  or  by  the  State  shall  get  its  fair  weight  and  consideration 
in  his  behalf  A  man  charged  with  the  grave  offences  alleged  against  the  prisoner,  must 
be  convicted  only  by  the  clearest  and  the  most  satisfactory  and  conclusive  evidence, 
such  as  cannot  leave  a  reasonable  doubt  on  the  mind  of  any  one  juror.  I  propose, 
therefore,  gentlemen,  briefly,  to  consider  the  evidence  as  it  applies  to  the  law, 
which  I  bold  should  be  applicable  in  tliis  case.  In  doing  so,  I  cannot  go  into  details, 
but  cau  advert  only  to  the  evidence  generally,  asking  you,  when  you  retire  to  your 
room,  to  inquire  whether  this,  that,  or  the  other  circumstance  has  been  proved,  which  is 
essential  to  convict  the  prisoner.  My  first  remark  has  relation  to  all  the  offtjnces  charged 
in  the  indictment;  and  it  is  set  forth  upon  the  record  that  all  those  offences  were  com- 
mitted within  the  jurisdiction  of  this  Court,  and  within  the  county  of  Jeff'erson,  in  this 
State.  Now,  gentlemen,  this  is  a  matter  to  be  proved.  I  have  read  the  notes  of  the  evi- 
dence, and  I  can  find  no  proofs  whatever  upon  this  point.  There  has  been  proof  that  the 
off"ences  said  to  have  been  committed  took  place  at  Harper's  Ferrj^  or  in  the  neighborhood 
of  Harper's  Ferry.  But  where  is  Harper's  Ferry  ?  The  Court  takes  judicial  notice  of 
something  which  it  says  occurred  in  a  certain  place  within  its  jurisdiction.  But  this 
must  be  proved,  and  I  maintain  it  has  not  been  proved.  Therefore  I  say,  that  the  Jury 
impannelled  to  try  the  matter  set  fortii  in  this  indictment  must  have  every  fact  submitted 
to  them  proved  beyond  a  doubt.  They  cannot  take,  and  ought  not  to  take,  anything  on 
trust.  They  know  nothing,  except  that  which  is  detailed  in  evidence.  Not  that  every 
fact  essential  must  be  proved,  but  those  facts  must  be  proved  from  which  inferences  may 
legitimately  be  drawn.  I  say,  therefore,  gentlemen,  you  have  no  right,  from  any  know- 
ledge you  may  have  obtained  elsewhere,  to  say  that  these  offences,  as  alleged,  have  been 
committed  within  the  limits  of  the  county  of  Jeff'erson  :  and  I  ask  that  the  Court  will  so 
direct  you.  In  my  State,  the  form  is  to  ask  the  Court  to  charge  the  Jury;  here,  I  believe, 
the  requisition  is  to  instruct  the  Jury.  We  demand,  on  behalf  of  the  prisoner,  that  the 
jurisdiction  be  proven.  We  maintain  that  it  is  as  necessary  to  do  so,  as  to  prove  the 
firing  of  a  gun,  the  seizing  of  a  slave)^or  the  commission  of  any  of  the  acts  laid  in  the 
indictment.  If  any  of  the  offences  are  committed  elsewhere  than  within  the  jurisdiction 
of. this  Court,  then  tlie  charges  set  forth  have  no  existence,  upon  which  this  prisoner 
is  sought  to  be  convicted.  Therefore,  I  say  again  that  this  assumed  jurisdiction  must  be 
proven.  Having  stated  thus  much,  I  will  proceed  to  other  points.  The  first  offence 
charged  is  treason.     Here  I  again  raise  a  point  without  designing  to  argue  it.     I  state  it 

6 


85  THE  HAEPER'S  PERRY  INSURRECTION. 

that  it  may  be  iinderstoorl  that  both  mj'self  and  the  learned  counsel  witli  wliom  I  am 
associated  asrree  entirely  in  our  views  upon  that  point,  leaving  it  to  be  discussed  at 
length  by  iiirn.  I  allude  to  it  now  merely  to  afford  the  learned  counsel,  who  will  close 
the  arguments  for  the  State,  ample  time  to  reflect  upon  and  consider  it..  The  charge  laid 
in  ibe  first  count  is  treason.  Now,  my  jioint  is  th;it  no  man  is  guilty  of  treason,  unless 
lip  be  a  citizen  of  the  State  or  Government  against  which  the  treason  so  alleged  has  been 
oommitted.  I  state  the  point,  and  I  say  to  you,  gentlemen,  if  the  Court  rules,  as  we  claim 
it  is  bound  to  do,  that  this  man  is  not  a  citizen,  that  consequently  he  cannot  be 
guilty  of  treason  against  the  State.  Rebellion  means  the  throwing  off  allegiance  to  some 
constituted  authority.  Uut  we  maintain  that  this  prisoner  was  not  bound  by  any  alle- 
giance to  this  State,  and  could  not,  therefore,  be  guilty  of  rebellion  against  it.  But  I  will 
pass  from  this  part  of  the  subject.  Now,  with  regard  to  treason,  several  things  are  said 
to  constitute  treason,  one  of  which  is  levying  war  against  the  State  ;  and  that  is  one  of 
the  charges  laid  in'the  indictment.  But,  gentlemen,  tliere  is  a  great  difference  between 
levying'  war  and  resisting  authority,  and  this  is  a  matter  I  particularly  wish  you  to  bear 
In  mind.  A  man  may  resist  authority  with  ever  so  much  violence,  and  bloodshed  may 
ensue  from  such  resistance,  biit  that  is  not  treason.  It  may  happen,  and  it  does  happen, 
wh«re  men  congregate  together  for  the  purpose  of  perpetrating  a  crime.  They  associate 
for  that  ])urpose,  and  they  have  their  rules  and  regulations,  and  all  the  elements  of 
ail  organization,  and  yet  if  assailed  in  the  commission  of  crime,  and  they  defend  them- 
selves to  the  utmost,  and  with  great  sacrifice  to  the  lives  of  themselves  and  their  fellow- 
citizens  v.'hom  they  resist,  that  is  resistance,  but  that  is  not  levying  war.  And  how  is  it 
here?  These  men,  it  appears,  assembled  at  a  certain  place,  as  the  defendant  himself 
indeed  admits  they  did,  and  from  that  admission  lie  does  not  shrink,  for  the  purpose  of 
Tunning  away  with  slaves.  That  i^  a  criiue,  and  for  that  crime  he  is  amenable  to  the 
laws  of  your  State,  and  for  which  you  can  puni'<h  hiiq  to  the  extent  of  that  law.  The 
facts,  then,  are  these;  For  the- purpose  of  carrying  out  his  illegal  design — the  carrying 
away  of  slaves  from  the  State — lie  takes  temporary  possession  of  the  Arsenal  and  public 
buildings  at  Harper's  Ferry,  and  while  there  attempts  were  made  by  the  citizens,  for 
which  I  do  not  blame  them,,  to  attack  them  and  di'ive  them  off.  I|;  was  then,  and  resist- 
ing these  attempts  on  the  part  of  the  citizens,  that  this  man  and  those  associated  with 
him  had  recourse  to  arms,  and  in:  the  conflict  which  ensued,  blood  was  slied  and  lives 
were  taken.  But  that  is  not  levying  war  against  the  Commonwealth  of  Virginia,  although 
it  was,  resisting  with  arqis  that  which  was  claimed  to  be  the  lawful  authority  of  Virginia 
seeking  to  arrest  thes.e  men  assembled  in  violation  of  law.  But  such  things  have  happened 
frequently.  You  haye  heard  of  the  jails  of  the  Qouiitry  being  broken  open,  by  armed 
bands,  and  persons  confined  therein,  under  tlie  shelter  and  protection  of  the  law,  dragged 
from  them  and  executed  in  deSanc'-  of  the  law.  There  have  been  instances  where  men 
acquitted  by  a  Jury  of  the  country  of  the  crimes  alleged  against  them,  have  been  thus  ex- 
ecuted, the  jail  broken  open  and  the  autliority  of  the  sheriff  trampled  under  foot;  but 
this  was  not  a  levying  war.  Resisting  with  arms  the  constituted  authority  of  the  State 
is  not  levying  war,  although  murder  may  arise  out  of  it,  though  not  at  first  contemplated. 
In  violent  acts  of  this  kind  dea,tli  may  ensue  in  cominission  of  thQ  crime  even  when 
bloodshed  was  not  necessarily  contemplated  by  the  offenders.  In  many  States  of  the 
Union  we  have,  as  well  as  here,  cases  of  kidnapping,  and  we  have  instances  cf  resistance 
to  the  authority  of  the  law  seeking  to  arrest  the  person  charged,  and  bloodshed  has  en- 
sued; but  this  is  not  levying  war — it  is  simply  refsisting  the  authority  of  the  law. 

Now  let  us  inquire  whether  the  offences  charged  in  this  indictment  are  a  levying  of 
war,  or  simply  resisting  with  a  higli  baud  the  constituted  authorities  of  the  land.  It  is 
said  that  there  was  an  organized  government,  and  that  charge  is  sought  to  be  sustained  by 
evidence,  partictilarly  by  a  pamphlet  that  has  been  produced,  and  which  Avas  taken  from 
the  person  of  the  prisoner.  Biit,  gentlemen,  it  would  not  necessarily  follow  that  over- 
throwing the  Commonwealth  of  Virginia  was  contemplated  by  anything  which  appears  in 
that  pamphlet.  How  many  harmless  organizations  have  existed  in  the  world  at  variotis 
times,  surrounded  witli  all  the  outside  forms  and  machinery  of  government !  aye,  even  as 
h£r:;aless  things  as  debating  societies  have  been  so  organized,  congresses  created,  resolu- 
tions and  laws  discusse,d,  and  any  one  reading  the  jb'ulletins  and  reports  issued  from  time 
to  time  from  these  associations  would  say,  why  here  is  a  miniature  governnient  within  the 
very  limits  o^  our  St^t^.  No  matter  what  name  they  may  take,  no  matter  under  what 
form  of  (•rganizp.tiipp  they  are  bound  together,  nu  ^natter  what  offices  tb,ey,iriav  create^it 
ig.not  a,  proof  9fcntr^e;against- the  Stajte.  These  men  na,medin  the  indictment. have  beeri 
charactepzed  by  the  attorney  as  a  marauding,  thieving,  tnurderous  clan;  and  surely  it  i^ 


THE  HARPER'S  FERRY  INSURRECTION.  87 

not  sucli  people  that  could  subvert  a  government  and  raise  another  upon  its  ruins.     Such 
associulious  as  I  h^ve  alluded  to,  you  are  well  aware,  have  tlieir  laws  and  regulations,  and 
even  they  prescribe  death  for  violations  ot  their  laws.     But  that  does  not  contemplate  the 
overthrow  of  any  existing  legitimate  government,  but  only  an  association  for  governing 
controlling  and  directing  tiienisehes  in   their  dealings  with  one  another,  hut  having  no 
puipose  or  idea  whatever  of  overthrowing,  usurping  or  destroying  the  legitimate  govern- 
ment.    But  I  will  remark   turiher,  with  reference  to  this  matter,   that  yon  cinnot  find 
this  man  guilty  of  treason  except  you  have  it  proved  incontestably  before  you  tliat  he  was 
associated   with    others   for   the  puri>ose  and  with   the  object  of  overthrowing   and  of 
organizing  a  government,  and  to  subvert  the  Commonwealth  of  Virginia.     Now,  I  say 
with   reference  to  that  book  so   much  relied  upon  by  the  prosecution,  tliat  if  it  proves 
anything  it  proves  that  the  attempt,  if  any  such  was  designed,  was  to  establish  a  "-overn- 
meut  iu  opposition  to  the  Government  of  the  United  States,  and  not  to  subvert  the  Com- 
monwealth of  Virginia.     All  the  terms  used,  all  tlie  officers  to  be  appointed,  have  reference 
to  a  government  like  the  United  Slates.     The  pamphlet  does  not  say  what  territory  this 
association,  or  government,  is  to  exercise  jurisdiction  over.     Its  proposed  empire  is  not 
defined.     It  has.fixed  no  territorial  limits,  and,  therefore,  if  it  means  anything  at  all   it 
alludes  to  the  government  of  the  whole  United  States  in  general,  and  not  to  this  State 'or 
any  other  in  particular.     But  as  this  book  or  code  of  laws  has  been  put  in  evidence,  1  tell 
you,  gentlemen,  that  you  must  not  select  any  particular  part  of  it— you  must   take'  it  all 
as  evidence,  every  pitrt  of  it  must  be  taken,  one  part  as  much    as  another,  except  the 
prosecution  produce  evidence   satisfactorily  contradicting  any  portion  of  it.     Fiom  the 
contents  of  that  book  it  is  clear  that  tliese  nun  did  not  contemplate  the  overthrow  of  the 
State  government,  but  simply  an  amendment  or  repeal  ot  obnoxious  laws,  Or  what  they 
deemed  to  be  such.     I  speak  of  this  matter  because  yon  are  compelled  to  find  that  the 
prisoner  was  guilty  of  all  those  matters  contained  in  the  several  counts.     But  they. have 
failed  in  establishing  any  one  ot  these  charges.     The  jimsecution   say  that  he  is  guilty  of 
giving  aid  and  comfort  to  the  enemies  of  the  Commonwealth,  and  that  is  the  only  specific 
charge  they  have  made  on  fact.     And  how  do  they  attempt  to  support  it?     Did  not  the 
prisoner,    they   say,   actually  send-  to   the   tavern  and  procure  provisions  and  feed   the 
enemies  of  the  Commonwealtli  ?     Did  lie  not  feed  the  slaves,  and  are  they  not  enemies  of 
the  State?     Was  not  that  act,  therefore,  turnishing  aid  and  conifort  to  the  enemy?  I  was 
surprised  to  hear  this  part  of  the  subject  commented  upon.     1  was  surprised  that  in  that 
couuection,  by   an  association   of  ideas  no   doubt  very  ingenious  and  felicitous  if  they 
could  be  traced  out,  he  bur^t  forth  into  that  sublime  apostrophe   to    freedom  which-  the 
prosecuting  attorney  delivered  the   other  evening  in  tones  and  action   and   lan<rnaffe  of 
such  surpassing  eloquence  that  none  who  heard  him  might  be  told  that  he  hadreceived 
his  inspiration  in  the  State  which  urns  the  aslics  of  Patrick  Henry.  And  when  I  remember 
tliecause  we  are  here  trying,  and  the  circumstances  which  surround  it,  I  remeniber  also 
the  appeal  that  that  gentleman  made  to  you,  presenting  a  daguerreotype  to  your  view  of 
the  anxious  faces  which  hung  around  the  court,  invoking  a  verdict  on  the  prisoner.     But 
that  style  of  appeal  -v^-as  not  confined  to  the  prosecutirig  attorney  alone.     His  distino-uisLed 
associate,   gentlemen,    presented   to   you   a   touching   picture 'of  dishevelled    tresses  of 
frightened  beauty,  enough  to  excite  tlie  feelings  and  shatter  the  nerves  of  any  one.     I  can 
but  rejoice,  gentlemen,  that  his  stirring  tones  were  not  echoed  from  hill  top  to  hill  top, 
from  mountain  to  mountain,  to  excite  and  spread  alarm  from  one  end  of  the  State  to.  the 
other,  but  that,  on  tlie  contrary,  they  died  away  within  these  walls.     Gentlemeti  of  the 
Jury,  the   prisoner  is  charged  with  having  given  aid  and  comfort  to  the  enemies  of  the 
State,  and,  in  despair,  they  are  driven   to   rely  upon  this  charge,  for  it  is   the   only  one 
specifically  made.     But  I  will  leave  this  part  of  the  case,  and  proceed.     The  prisorier  is 
charge  witli  conspiring  with  slaves  to  rebel  and  make  insurrection.     Here,  again,  we  ar^ 
bound  to  make  the  same  distinction  in  regard  to  treason.     There  is  a  manifest  distinction 
between  the  etfort  made  to  run  away  with  slaves,  or  inducing  them  to  ruO  awav,  and  an 
attempt  to  excite  them  to  rebellion  and  insurrection.     Now,  what  is  meant  by" insurrec- 
tion and  rebellion?     It  means  a  rising  up  of  slaves  against  the  anthoritv  of  their  masters 
— not   a  running  away,    although  freedom  may  be  the  ultimate   object.     But  it  means 
a  rising   up   against  the  masters,  against  the  whites,  against  the  State.       Insuri'ection 
contemplates    riot,    robbery,    murder,    arson,    and    all    the 'crimes    which    follow    an 
insurrection,    more     especially     a    servile     insurrection.      N()Wy   wjiat  '  are    tlie    facts 
of  the  case?      I  cannot  discuss   them;    but   I    will    ask   you,   as    men    disposed   to  do 
justice  to  the  State,  to  sit  down  and  inquire  among  yours'eilves  if  any  one  witness  has 
testified   of    aught  showingj  that  Brown    or   his  associates  -^'aid'-'ol-  did    anything    to 


88  THE  HARPER'S  FERRY  IFSURRECTIOK 

anyone  slave  to  induce  him  to  rise  in  rebellion?  "What  wa^'it  tliat  Sv^s  really 'done 
iu  this  mntter?  Slaves  were  taken  possession  of,  and  for  a' 'tfeinpoVaVy  pnrpo'^y  ^Vla'ced' 
in  the  Arsenal  or  some  of  the  public  buildings  at  Harper's  Ferry.  But  what  was  the 
evidence  of  Colonel  "Washington  himself,  who  testified  more  on  this  subject  than  any 
other  person  ?  He  says  that  not  a  slave  seemed  to  have  a  heart  in  the  matter.  The 
slaves  themselves  did  nothing.  They  were  taken  thf^re,  and  there  they  quietly  remained. 
The  only  slave  that  lifted  his  hand  was  old  Pldl,  Mi'.  AlUtadt's  servant,  who,  according 
to  my  recollection,  and  at  the  suggestion  of  Brown,  the  pn.-oner,  drilled  some  port-holes 
in  the  wall.  And  let  me  here  reinark,  that  the  law  as  regards  rebellion  is  the  f^ame  as 
regards  treason.  A  man  may  be  engaged  in  an  illegal  act;  anybody  of  men,  any  body 
of  slaves  may  be  so  engaged,  and  they  may  resist  the  lawful  authorities  sent  against  them, 
even  to  the  shedding  of  blood,  and  yet  it  is  not  rebellion  nor  treason.  Let  us  snpjjose 
that  a  body  of  slaves  are  seeking  to  escape  ;  they  are  aided  in  that  attempt  by  a  body  of 
white  men;  their  escape  may  be  eflfecied  by  wliite  men — they  are  pursued  by  the  au- 
thority of  the  State,  their  capture  is  attempted— they  resist,  and  defend  themselves  even 
to  the  loss  of  life,  yet  that  dees  not  constitute  rebellion — they  are  amenable  to  punish- 
ment, but  not  to  the  penalty  of  rebellion.  This  is  all  I  need  to  say  ffpon  this  subject. 
Tlie  next  crime  charged  against  the  jirisoner  is  murder.  Now,  there  are  nine  specitica- 
tions  of  murder  in  the  first  degree.  Five  of  these  come  under  the  head  of  murder  in  the 
first  degree  as  premeditated  murder,  which  is  punishable  witli  death;  four  others,  where 
death  liappens  without  it  being  the  original  intention  of  the  party  to  comn)it  murder,  but 
which,  however,  come  under  tlie  head  of  first  degree,  if  the  party  was  at  tlie  time  in  the 
commission  of  some  other  offence — such  as  rape,  arson,  robbtry  or  burglary.  If  a  party 
is  engaged  in  the  commission  of  any  of  these  crimes,  and  death,  though  not  designed, 
ensues,  then  the  offender  is  liable  to  the  penalty  of  death.  Now,  as  regards  the  death  of 
the  citizens  at  Harper's  Ferry,  when  they  took  ])l;ice  the  prisoner  and  liis  men  were  not 
engaged  in  the  commission  of  any  of  these  offences — such  as  arson,  rape,  robbery  or  bur- 
glary. If  they  were  there  in  resistance  to  the  authority  of  the  laws  of  Virginia— ^if  while 
resisting  that  authority  these  deaths  ensued,  was  there  that  premeditated  malice  .'ifore- 
thought  which  the  law  requires  to  make  a  m;in  guilty  of  murder?  There  wasore  death 
ensued  in  the  early  part  ot  the  first  night  at  Harper's  Ferry,  but  how  it  happened  no  one 
knows — whether  it  was  accidental  or  not.  Nor  can  it  be  known,  whether  lie  was  ftcriden- 
tally  shot  by  one  of  Brown's  party  or  by  one  of  the  citizens  themselves.  The  niiiht  was 
dark,  and  his  death  might  have  been  accidental  or  otherwise  ;  but  now  none  can  tell.  I 
can  only  say  as  my  client  says  to  me  on  this  subject :  "  Why  should  we  slioot  a  negro  ? — 
that  was  not  our  object."  And  so  I  say.  Gentlemen,  you  cannot  believe  for  one  moment 
— you  do  not  believe;  the  evidence  will  not  allow  you  to  believe;  tlie  law  will  nt^t  allow 
you  to  believe — that  there  was  any  malice  or  deliberate  intention  to  shoot  that  negro,  if 
he  was  shot  by  Brown's  party  at  all;  and,  therefore,  gentlemen,  I  shall  pass  that  clia'rge 
by  without  further  comment.  Should  I  be  asked  wliy  this  man  should  not  be  hrouizht 
within  the  jurisdiction  of  the  Oominonweabh  of  yirginia  so  as  to  punish  Iiim — Avas  he  to 
go  unquit  by  justice  for  liis  offences? — my  answer  would  at  once  be  :  No,  gentleiiien,  not 
ior  one  moment.  All  I  ask  of  you  is  that  he  be  charged  and  convicted  according  to  your 
own  laws.  Tiiis  Commonwealth  of  Virginia  has  made  laws  to  protect  her  citizens — has 
made  laws  which  hedge  them  round  and  protect  them  on  every  side.  She  has  witiiiu 
the  borders  of  her  population  made  such  laws  as  she  deems  all-sufficient  for  the  prcuec- 
tion  of  that  species  of  property  which  some,  perhaps,  would  wish  to  deprive  her  citizens 
of.  But  whatever  may  be  done  hereafter;  wiiatever  may  be  considered  necessary  for  the 
protection  of  life  and  property  in  time  to  come,  it  is  the  boast  of  our  institutions  that  no 
man  can  be  punished  beyond  what  the  law  allows.  If  tlie  punishment  is  not  severe 
enough;  if  it  is  not  ample  enough,  broad  enough,  will  the  law  rest  until  it  is  properly 
remedied?  The  law  can  be  made  and  altered,  from  time  to  time,  so  as  to  meet  every 
emergency  of  the  State.  If,  then,  your  rights,  your  interests,  your  projierty,  your  lives 
are  not  sufficiently  protectedy there  is  a  power  is  this  grand  old  Commonwealth  sufficient 
to  protect  them  at  all  time^.  We,  however,  have  wo  jjvst  facto  law.  We  punish  no  man 
but  by  virtue  of  the  law  as  it  exists  at  the  time  the  alleged  offence  was  committed.  The 
prisoner  at  the  bar  is  amenable  to  your  laws.  None  can  deny  that.  Frame  your  indict- 
ment against  him  to-day,  charging  him  with  enticing  away  your  slaves,  with  interfering 
witli  that  species  of  property,  and  his  confessions  are  as  thick  as  the  leaves  upon  your 
forest  trees  that  he  Avas  among  you  tor  that  purpose.  Frame  your  indictment,  and 
the  moment  it  is  read  he  Avill  plead  guilty  to  it  and  sul)mit  to  the  penally  .if  his 
crime  without  a  murmur.      But   conteniplating   nothing   more,   dreaming  of  nothing 


THE  HARPER'S  FERRY  INSURRECTION.  89 

more,  he  asks  tlifit  the  tegis  of  your  Laws  inay  he  thrown  nroiind  him :  not  that  he 
flinches  from  his  fate,  wliatever  that  inay  be,  but  tliat  he  may  not  he  stigmatized  with 
guilt  of  ci-imes_  which  lie  never  coiiteinplated,  and  which  he  believes  in  his  Iieart 
lie  never  committed.  Of  course  as  the  law  has  been  violated  it  must  be  vindicated— 
tliat  I  understand,  and  so  does  he.  It  is  not  true  that  public  feeling  and  sentiment 
demand  his  immolation.  It  is  not  true  tliat  the  public  safety  requires  that  he  should 
be  punished  contrary  to  law.  I  speak  thus  in  vindication  of  your  own  laws.  I  desire  to 
preserve  them  unsullied  and  unstained,  and  that  they  be  not  perverted  or  distorted 
to  suit  this  case,  and  to  do  a  wrong  instead  of  being  applied  to  the  punishment  of  what  is 
wrong.  I  cannot  shut  my  eyes  to  tlie  tact  tliat  tlie  statute  and  the  law  will  not  jnstifv 
this  man's  conviction  on  the  charges  laid  down  in  the  indictment.  And  why  should  this 
wrong  be  attempted?  It  is  not  true  that  there  is  any  danger  from  the  popular  feeling. 
It  is  not  true  that  there  is  danger  to  the  State,  either  from  within  or  without.  Tiiink  of 
it,  gentlemen,  cahnly  and  dispassionately.  Here  stands  a  man  of  whom  you  know  some- 
thirl^^  He  is  a  man  of  indomitable  will,  of  sleepless  energy  of  purpose,  possessed  of  a 
spirit  of  perseverance  that  turns  back  from  no  difficulty,  and  endovved  with  a  constitution 
that  will  endure  and  overcome  everything.  He,  with  all  tliese  qualities  fitting  hiin  for  such 
an  enteriirise,  was  engaged  for  months  and  months  prosecuting  it,  and  how  did  he  suc- 
ceed? Despite  of  all  liis  efforts,  desi)ite  these  enemies  of  mind  and  body  which  he  threw 
into  tlie  work,. and  that  unbending  will  of  his  wliicli  never  faltered  nor  slept,  he  was  able 
tliroughout  tlie  length  and  breadth  of  the  United  States  to  gather  round  his  standard 
some  twenty-one  men  both  black  and  white.  Oati  it  be  supposed,  gentlemen,  for  a 
moment,  that  there  is  fear  to  be  apprehended  from  such  a  man,  who,  in  the  zenith  of  his 
power,  wlien  he  had  a  name  in  history,  and  when  something  might  be  hoped  for  the 
cause  in  which  he  was  engaged,  could  only,  throughout  the  whole  country,  raise  twentv- 
one  men?  Is  it  to  be  supposed  f  )r  a  moment,  I  ask,  now,  when  he  is  struck  down  to  the 
earth,  ins  few  followers  scattered  or  destroyed — now,  when  tlse  fact  is  known  that  tlie 
South  is  alarmed  and  armed  in  every  direction  ready  to  repel  any  enterprise  of  this  kind, 
is  anything  to  be  feared  ?  ISTi,  gentlemen,  there  is  not  tlie  remotest  danger  of  your  ever 
again  witnessing  in  your  State  anything  akin  to  that  which  lately  occurred.  I  do  not 
know  whether  it  is  necessary  for  me  to  make  these  remarks.  I  know  it  is  the  duty  of 
the  Jury  to  be  blind  to  everything  that  bears  not  upon  the  case.  Justice  is  represented  as 
blind,  seeing  nothing,  but  dealing  only  witli  the  facts  which  relate  to  the  case.  I  believe 
you  will  take  this  ca«e  and  deal  with  it  faiidy,  and  dispose  of  it  under  the  ruling  of  the 
0'>urt.  We  heard,  during  the  progre-s  of  this  investigation,  reference  made  to  the  conduct 
of  some  parties  who  to^ik  an  active  part  in  the  late  events  at  Harper's  Ferry.  But,  gentle- 
men, the  courage  spoken  of  was  physical  courage,  tliat  courage  which  would  induce  men, 
whenever  necessary,  to  face  danger,  no  matter  from  what  quarter  it  might  come  or  in  what- 
ever form  it  might  present  itself  This  courage  commends  itself  to  your  highest  regard.  This 
is  physical  courage.  But  tliere  is  another  sort  of  courage  which  soars  far  above  that  which  is 
mere  physical.  It  is  moral  courage.  It  is  a  courage  which  will  enable  the  true  man, 
who  is  blessed  with  it,  to  raise  himself  above  the  influence  of  prejudice,  self-interest,  or 
popular  excitement.  It  is  a  courage  that  withstands  all  temptations,  and  fearles-ly  rises 
above  the  petty  considerations  which  influence  more  ignoble  minds.  It  stands  unflinch- 
ingly to  meet  the  seething  waves  of  popular  excitement  of  commotion,  and  will  not  be 
turned  aside  from  that  which  is  humane  and  truthful.  IsTov/,  gentleman,  if  there  be  any- 
thing of  this  kind  in  your  hearts — if  you  suppose  there  is  anything  more  required  than 
simple  justice  to  be  meted  out  to  this  unfortunate  man — you  have  this  day  an  opportunity 
of  exhibiting  that  true  moral  courage  of  which  I  save  spoken;  and  through  the  longest 
da^  you  have  to  live  you  will  value  nothing  more  precious  than  the  remembrance  of  the 
fact  that  you  acted  rightly,  and  justly,  and  mercifully  in  the  day  of  danger.  You,  gentle- 
men, have  this  day  a  great  opportunity  of  evincing  true  moral  courage  by  dealing  with 
this  case  as  I  have  feebly  pointed  out,  if  you  can  do  so  justly  and  preserving  your  oaths 
intact.  Whatever  you  do,  preserve  your  honor  untarnished,  preserve  also  the  integrity 
and  reputation  of  the  Common  wealth,  so  long  renowned  for  her  justice,  for  truth  and  for 
chivalry  unstained.  I  feel,  gentlemen,  that  I  have  not  done  justice  to  the  case;  but  I 
have  said  what  I  desired  to  say,  situated  as  I  am,  closing  simply  with  these  remarks,  whi«h 
I  make  on  behalf  of  my  client,  and  at  his  request,  that  he  has  not  a  particle  of  exception 
to  take  to  the  testimony  of  the  witnesses  examined  during  the  trial.  He  deems  it  oidy  a 
wonder  amid  the  excitement  of  these  scenes,  that  the  truth,  as  he  declares  it  to  be,  should 
be  so  fully  developed.  He  believed  that  the  de<irc  of  one  and  all  of  the  witnesses  was  to 
do  him  ample  justice  ;  that  whenever  they  could  speak  in  commendation  of  bis  (Brown's) 


90  THE  IIARPEP/S  FEEEY  IXSUPwEECTIOK 

humanity,  in  tlie  means  he  liad  tfiken  t"  spare  the  effusion  of  bli^oil,  and  to  [)re5erve  fnin 
harm  his  prisoners,  the}' came  cheei  fully  forwMnl  to  ilo  it.  He  de>ire3.  al-o,  as  t)ie  least 
he  can  do,  to  express  his  grateful  thanks  to  Captain  Simms,  who  voluntarily  ca'ne  forward 
from  another  State,  because,  as  he  said,  lie  wished  to  see  justice  done  to  a  brave  old  imin. 
Gentlemen,  with  these  remarks  I  submit  the  case,  as  far  a-  I  am'  concerned,  into  your 
hands.  '    ' 

Mr.  CniLTON  spoke  of  the  embarrassment  wjth  which  he  undertook  the  case.  Ho 
intended  to  do  his  dutj'  faithfully,  and  iiad  come  to  deal  with  the  prisoner  not  as  Captain 
Brown,  leader  of  this  foray,  but  simply  as  a  prisoner  under  the  charge  of  violating  the 
law.  If  that  law  did  not  warrant  a  conviction,  he  should  endeavor  to  maice  that  appear 
to  the  Jury.  Still  he  would  say  that  he  had  no  sympathy  with  the  prisoner.  Hi-^  birth 
and  residence,  until  within  a  few  years,  had  been  in  Viririnia,  in  connection  with  the 
institution  of  slavery.  Although  now  a  resident  of  the  District  of  Columbia,  he  had 
returned  to  his  native  State  to  spend  the  remainder  of  his  days,  and  mingle  his, dust  with 
her  soil.  No  other  motive  ojterated  on  him  tlian  a  disinterested  one'to  do  his  duty  faith- 
fully. He  regretted  the  excitement  respecting  the  case,  bur  was  glad  to  hear  the  Judge 
say  on  Saturday  that  he  desired  to  try  this  case  precisely  like  others.  He  .desired,  and 
the  wliole  State,  and  the  wlnde  South  desired,  that  the  trial  sliould  be  fair,  and  it  had 
been  fair.  Circumstances  had  interrupted  its  progress.  Counsel  were  here  witliout  proper 
preparation,  but  indulgence  had  been  granted,  and  they  made  no  cdmplaint.  Tliey 
should  do  the  best  they  could  under  the  circumstances,  and  could  not  comi)hxin  of  the  ex- 
citement. It  was  natural.  He  hoped  it  would  not  interfere  witii  ti:e  course  of  justice,  or 
cast  a  stain  upon  the  bar  of  the  State.  Tiie  Jury  had  sworn  tiiey  were  unbiased,  and  lie 
presumed  they  would  firmly  dischai-ge  their  oaths  in  bringing  in  a  verdict.  He  could  not 
understand,  from  the  opening  of  the  prosecution,  on  what  grounds  these  charges  against 
the  prisoner  were  attempted  to  he  sustained.  Tiie  Commonwealth  Attorney  inihilged  in 
a  st;rain  of  abuse  of  tlie  prisoner,  and  pronounced  sentence  on  him  without  waiting  the 
verdict  of  the  Jury,  thus  usur[)ing  the  place  of  the  Judge.  There  were  three  distinct 
charges.  The  first  was  of  treason.  Tliis  was  an  offence  at  common  law.  TJ»e  word  is 
derived  from  a  French  word,  signifying  betrayal.  Treason  means  betrayal  of  trust  nr 
confidence,  the  violation  of  tidelity  or  allegiance  to  the  Commonwealth.  He  maintained 
that  treason  could  not  be  committed  against  a  Commonwealih  except  by  a  citizen  thereof. 
In  the  present  case, the  whole  proof  shows  that  this  prisoner  is  not  a  citizen  of  Virginia, 
and  he  therefore  cannot  be  found  guilty  of  treason.  The  indictment  charges  tlie  i)risoii- 
ers  with  committing  every  act  composing  treason.  Tliey  are  charged  with  levying  war 
against  the  State,  and  exciting  slaves  to  insurrection  ;  but  there  was  no  proof  tiiat  they 
committed  these  acts  chartred — no  proof  that  they  resisted  any  process  issued  against 
them  as  violators  of  autliority  of  the  Commonwealth.  Tiiey  were  rather  guil'ty  of  resist- 
ing Colonel  Lee,  whicii  was  resistance  to  t!ie  Federal  Government,  and  not  to  the  Com- 
monwealth. He  had  read  carefully  the  prepared  Provisional  Constitution,  and  regarded 
it  as  ridiculous  nonsense — a  wild,  chimerical  production.  It  could  only  be  produced  by 
men  of  unsound  minds.  It  defines  no  territory  over  Winch  it  is  intended  to  operate,  and 
says  ttiat  we,  that  is  the  signers  of  the  document,,  not  all  citizens  of  the  United  States,  do 
establisiiment  the  foHowing  Provisional  Government.  What  is  it?  It  is  an  associatiou 
or  copartnersldp ;  they  are  to  own  property  in  comihon  and  regulate  its  tenures;  it  did 
not  contemplate  a  Government,  but  merely  a  voluntary  association  to  abOiish  Shtvery  ; 
did  not  even  undertake  to  levy  taxes,  which  is  essentia!  to  any  Government.  It  does  not 
appear  tliat  tins  association  was  to  be  establislied  in  Virginia,  or  where  it  Avas  tn  go  into 
effect.  This  was  not  treason.  Is  it  the  adoption  of  a  Constitution  or  establishment  of  a 
Government?  By  no  mean^.  Those  p  irties  had  a  mere  imaginary  Government  to 
govern  themselves,  and  nobody  else,  just  like  governing  a  military  company  or  d<.4)aiing 
society.  Even  if  they  intended  to  set  up  a  government  over  the  otlier,  they  did  not  do 
it.  There  was  a  principle  tliat  every  piece  of  eviilence  was  to  he  construed  niost  favor- 
ably to  the  accused,  who  should  have  the  benefit  of  every  d'oubt.  In  c<msiderii'g  ilie 
evidence  they  tnust  consider  the  whole  of  it — they  n)ust' take' the  declnrations  of  the 
prisoner  in  his  own  f;ivor  as  well  as  against  liimself.  Now  lool<  'at  •tiie  '46ih  Article  of 
this  Provisional  Constitution,  wliich  expressly  declare-;  that  the  fore^otirg  articles  shall 
not  be  construetfl  to  encourage  the  overthrow  of  any  State  Govern ihe^yrbr  Generid  Gov- 
ernment, and  lead  to  a  dissolution  of  the  Union,  but  simply  as  !imendnienr  and  lepeal. 
This  was  on  evidence  before  the  Jury,  being  submitted  by  the  pri.'Sec'ution.  Again,  the 
prisoner  is  charged  witli  conspiring  with  slaves  to  make  an  insnrrei'tipn.  No  prbofs  ?ho\v 
that  the  slaves  entered  into  a  oonspirac}-,  and  unless  that  was'  the  ca;e  tiliere  was  Uo  cou- 


THE   HARPER'S   FERRY  INSURRECTION  91 

si)iracy.  One,  pai-tj-  cannot  conspire  alone.  Each  charge  is  to  be  considered  alone  by  the 
Jnty.  If  tliey  believe  the  evidence,  it  doe^  not  -warrant  the  convictioc  of  treason,  and 
they  must  consider  the  chaiixe  of  conspiracy  just  as  if  no  charge  of  treasoi'  iiad  been 
inaile.  One  count  in  the  indictment  was  nut  to  be  brought  in  to  aid  anotlier.  He  consi- 
dered the  prisoner  liad  a  right  to  be  tried  on  one  charge  at  a  time,  and  entirely  disconnected 
with  any  other.  The  Court,  had,  however,  overruled  the  motion  on  Saturday,  and  hence 
tiie  importance  of  making  this  point  clear  to  the  Jury,  So  that  they  might  not  confuse  the 
various  offences,  and  the  evidence  relating  to  each,  Next,  as  to  murder.  It  was  a  very 
singular  way  of  doing  an  indictment.  Five  prisoners  are  charged  with  the  murder  of 
four  men.  That  they  might  have  jointly  done  it  he  could  understand,  but  that  they  could 
severally  have  done  it,  he  declared  it  was  almost  impossible  for  the  prisoner  to  make  a 
defence  against  such  a  cliarge.  It  was  too  loose  and  vague.  By  the  laws  of  Virginia 
there  was  but  one  specific  murder  punishable  as  capital,  and  that  was  deliberate,  premedi- 
tated murder.  The  prosecution  charged  the  prisoner  with  murder  in  the  first  degree,  but 
he  argued  that  evidence  in  this  case  did  not  sustain  the  charge.  Tlie  prisoner's  conduct 
in  the  eni,Mne-house  sliowed  no  maliee,  according  to  the  testimony  of  Col.  Washington 
and  Mr.  Allstadt.  However  ridiculous  his  project,  which  it  would  seem  could  never  have 
entered  the  mind  of  a  sane  man,  he  might  still  have  believed  he  could  carry  out  that 
project  witliout  bloodshed.  At  any  rate,  no  sane  man  could  suppose  he  expected,  with  a 
mere  handful  of  men,  to  accomplish  his  object  by  force,  and  it  is  but  fair  to  take  his 
declarations,  especially  when  compared  with  his  acts,  that  he  intended  to  shed  no  blood, 
except  in  self-defence,  unless  you  should  believe,  beyond  the  sliglitest  doubt,  that  those 
declarations  were  untrue,  and  that  the  prisoner  was  actuated  by  malice  in  taking  the  lives 
of  those  who  never  did  him  harm,  and  against  wliom  no  cause  for  malice  existed.  As  to 
Hay  ward,  there  was  no  proof  as  to  how  he  met  his  death,  or  who  killed  him,  or  for  what 
cause,  and,  as  his  colleague  had  remarked,  the  prisoner  had  no  motive  to  kill  negroes. 
The  subsequent  contest  resulted  in  loss  of  life,  but  the  prisoner  endeavored  to  avoid  that 
donflict  for  the  purpose  of  saving  life,  and  therefore  could  not  have  been  actuated  by 
•  malice,  vvhich  is  necessary  to  constitute  murder  in  the  first  degree.  Even  if  the  prisoner 
were  guilty  of  murder  in  the  second  degree,  or  manslaughter,  yet  neither  was  a  capital 
crime,  and  not  the  crime  charged  in  the  indictment.  He  did  not  know  but  that  Brown 
was  justified  in  returning  the  fire  when  fired  upon  under  the  circumstances.  It  was  a  sort 
of  self-defence,  and  very  probably,  had  a  little  more  time  been  allowed,  those  men  could 
have  been  taken  into  custody  without  loss  of  life.  He  chaiged  the  jury  to  look  on  this 
case,  as  far  as  tlie  law  would'  allow,  with  an  eye  favorable  to  the  prisoner,  and  when  their 
verdict  should  be  returned,  he  trusted  that  every  man  in  the  community  would  acquiesce 
ill  it.  Unless  the  majesty  of  the  law  were  supported,  dissolution  of  the  Union  must  soon 
ensue,  with  all  the  evils  which  must  necessarily  follow  in  its  train. 

Mr.  Hunter  closed  the  argument  for  tiie  prosecution.  He  said  he  prbposed  to  argne 
this  ca>e  precisely  like  any  other.  He  had  lioped  the  counsel  for  the  defence  would  have 
omitted  to  interpolate  any  outside  matters,  and,  to  a  great  extent,  he  had  been  gratified. 
One  remark  he  would  allude  to  in  the  opening  speech  of  the  defence  this  morning,  where 
he  had  been  represented  as  having  drawn  the  picture  of  the  dishevelled  locks  of  an  alarmed 
beauty.  His  friend  had  done  him  some  injustice,  in  attributing  to  him  a  design  of  exciting 
alarm,  or  disturbing  the  minds  of  the  people  unnecessarily.  He  had  endeavored  to  luarch 
straigiit  forward,  with  tlie  sole  purpose  of  discharging  hi-^  duty,  in  procuring  the  attain- 
ment of  justice  in  respect  to  the  prisoners.  He  would  eoiumend  to  Mr.  Griswold  the 
testimony  he  had  borne  at  the  opening  of  the  Court,  that  not  only  have  the  forms  of  a 
fair  trial  been  extended  to  the  prisoner,  but  the  stibstance  also;  that,  in  the  midst  of  all 
temptations  to  the  contrary,  in  the  midst  of  all  the  solid  reasons  that  have  been  urged 
"\yhy  a  different  course — I  do  not  mean  an  irregular  course — a  different  legal  and  constitu- 
ti<mal  course  by  the  Governor  of  Virginia,  might  have  been  pursued  of  declaring  martial 
law  and  admiiustering.drum-liead  justice.  That  tbe  Chief  Magistrate  has  taken  high  con- 
servative ground,  we,  as  Virginians,  are  justly  proud  of,  and  that  we  did  not  force  this 
thing  beyond  what  prudence  requires  of  us,  and  that  in  regard  to  the  power  and  patriot- 
ism of  tlie  Commonwealth  of  Virginia  we  are  sufficient  for  it,  come  when  it  may,  and  in 
whatever  form.  He  proceeded  to  remove  the  objections  founded  on  the  idea  tiiat  might 
have  been  made  as  to  the  power  of  this  Court  to  try  a  case  where  the  offence  was  com- 
mitted. It  was  hardly  necessary  to  sliow  that  it  was  within  tlie  county  of  Jefterson,  and 
witliiu  the  jurisdiction  of  this  Court.  There  was  a  law  in  Virginia  matciug  the  Potomac 
River  the  boundary  between  Maryland  and  Virginia,  and  giving  either  State  power,  by  a 
solemn   compact,    to  execute  a  criminal  process  to  the  further  bank.     These  matters. 


.92  THE   HARPER'S  FERRY  INSURRECTIOjST. 

whicli  are  contained  in  the  Code  of  Virginia,  it  was  nnnece-sary  to  prove  by  witnesses. 
The  Jury  could  read  the  Code  for  themselves.  Another  law  defined  the  limits  of  Jeffer- 
son County,  showing  that  it  embraced  the  locality  wliere  theye  events  occurred,  and 
giving  jurisdiction  to  this  Court.  It  was  hinted  in  a  preliminary  stage  of  the  proceedings, 
and  an  attempt  was  made  to  argue,  that  the  United  States  held  an  exclusive  jurisdiction 
over  tlie  Armory  grounds,  but  no  stress  was  now  laid  on  that  point,  because  not  one 
murder  out  of  the  four  lives  taken  was  committed  on  the  Armory  grounds.  Mr.  Hunter 
then  took  up  the  argument  of  treason,  which  he  understood  to  be  that  none  but  an 
attache  of  the  Commonwealth  can  commit  treason  again-t  it.  It  is  limited  to  no  parties 
— it  does  not  require  that  tlie  offender  siiould  be  a  citizen  according  to  our  system  of 
government,  and  tlie  complicated  machinery  of  Federal  and  State  governments,  under 
which  we  live.  In  some  respects,  we  are  unfortunately  bouixl  to  recognize  as  citizens  of 
Virginia  those  who  have  proven  themselves  within  our  borders,  as  in  this  case,  and  with- 
out them,  as  in  others,  our  deadliest  enemies.  Tiie  Constitution  of  the  United  States 
provides  that  citizens  of  each  State  shall  be  entitled  to  all  the  immunities' of  citizens  of 
the  several  States.  Brown  came  here  with  the  immunities  gis'en  by  the  Constitution. 
He  did  not  come  divested  of  the  responsibilities  belonging  to  those  immunities.  Let  the 
word  treason  mean  breach  of  trust,  and  did  he  not  betray  that  trust  with  which,  as  a 
citizen,  he  is  invested  when  within  our  borders?  ,  By  the  Federal  Oonstitutioi\  he  was  a 
citizen  when  he  was  here,  and  did  that  bond  of  Union — which  may  ultimately  prove  a 
bad  bond  to  us  in  the  South — allow  him  to  come  into  the  bosom  of  the  Commonwealth, 
with  the  deadly  purpose  of  apnlying  the  torch  to  our  buildings  and  shedding  the  blood  of 
our  citizens.  Again,  our  Code  defines  who  are  citizens  of  Virginia,  as  all  those  white 
persons  born  in  any  otlier  State  of.  this  Union  who  may  become  residents  here.  The 
evidence  in  this  case  shows,  without  a  shadow  of  a  question,  that  when  this  man  came  to 
Vii'giiiia  and  planted  liis  feet  on  Harper's  Ferry,  he  came  there  to  reside  and  hold  tlie 
place  permanently.  It  is  true  that  he  occupied  ,-i  farm  four  or  five  miles  off,  in  Maryland, 
a  short  time  since,  but  not  for  the  legitimate  purpose  of  establisliing  liis  domicil  there.  It 
was  for  the  nefarious  purpose  of  rallying  forces  into  this  Commonwealth,  and  establish- 
ing himself  at  Harper's  Ferry  as  a  starting  point  for  a  new  Government.  Whatever  it  was, 
whether  tragical,  or  farcical  and  ridiculous,  as  liis  counsel  has  presented  it,  his  conduct 
showed,  if  his  declarations  were  insufficient,  that  it  was  not. alone  for  the  purpose  of 
carrying  off  slaves  that  he  came  there.  His  Provisional  Government  was^a  real  thing, 
and  no  debating  society,  as  his  counsel  would  have  us  believe,  and  in  holding  office  under 
it,  and  exercising  its  funr'tions,  he  was  clearly  guilty  of  treason.  The  46th. seeti(m  lias 
been  referred  to,  as  showing  it  was  not  treasonable,  but  he  supposed  that  that  meant  that 
the  new  government  was  to  be  a  union  of  separate  States  like  the  present,  with  the  differ- 
ence th.'it  all  were  to  be  free  States.  The  whole  document  must  be  taken  together.  The 
property  of  slaveholders  was  to  be  confiscated  all  over  the  South,  and  any  man  found 
in  arms  was  to  be  shot  down.  Tlieir  conduct  at  Harper's  Ferry  looked  like  insanity, 
but  there  was  too  much  method  in  Brown's  madness.  His  purposes  were  too  well 
matured,  and  he  and  his  party  declared  there  were  thousands  in  the  North  ready  to  join 
them.  "While  the  Jury  are  to  take  the  whole  declarati(m,  the  law  books  expressly 
declare  tiiey  may  reject,  if  they  see  good  cause  to  do  so,  that  which  would  extenuate 
the  guilt  of  the  prisoner.  They  are  bound  to  consider  it;  that  is  all.  As  to  conspiracy 
with  the  slaves  to  rebel,  the  law  says  the  prisoners  are  equall}'  guilty,  whether  insur- 
rection is  made  or  not.  Advice  may  be  given  by  actions  as  well  as  words.  When  you 
put  pikes  in  the  hands  of  the  slaves,  and  liave  their  masters  captive,  that  is  advice 
to  slaves  to  rebel,  and  punishable  with  death.  The  law  does  not  require  positive 
evidence,  but  only  enough  to  remove  every  reasonable  doubt  as  to  the  guilt  of  the  party. 
Sometimes  circumstantial  evidence  is  the  strongest  kind,  for  witnesses  may  peijui-o  them- 
selves or  he  mistaken.  The  defence  say  we  don't  know  who  killed  the  negro  Hay  ward  ; 
that  Brown  did  not  do  it  because  there  was  no  object,  but  that  it  wa.s  dark,  and  the  sup- 
position is  that  Haywood  was'  killed  by  mistake.  They  say  Brown  shot  no  unarmed 
men,  but  Beckham  was  killed  when  unarmed,  and,  therefore,  he  thought  the  whole  case 
had  been  proved  by  the  mass  of  argument.  With  regard  to  malice,  the  law  was,  that  if 
the  party  perpetrating  a  felony,  undesignedly  takes  life,  it  is  a  conclusive  proof  of  malice. 
If  Brown  was  only  intending  to  steal  negroes,  and  in  doing  so  took  life,  it  was  murder 
with  malice  prepense.  So  the  law  expressly  lays  down,  that  killing  committed  in  resist- 
ing officers  attempting  to  quell  a  riot,  or  arrest  the  perpetrator  of  a  criminal  offence,  is 
mnrder  in  the  first  degree.  Then  what  need  all  this  delay — the  jjroof  that  Brown  treated 
all  bis  prisoners  with  lenity,  and  did  not  want  to  shed  blood  ?    Brown  was  not  a  madman 


THE   HARPER'S  FERRY   mSURRECTIOK.  93 

to  slied  biood  wlien  lie  knew  the  penalty  for  so  doing  was  liis  own  life.  In  tlie  opening  he 
had  sense  enough  to  know  better  than  that,  bnt  wanted  tlie  citizens  of  Virginia  calmly  to 
hold  arms  and  let  him  usurp  the  government,  manumit  our  slaves,  confiscate  tlie  property 
of  slaveholders,  and  without  drawing  a  trigger  or  shedding  blood,  permit  him  to  take 
possession  of  the  Commonwealth  and  make  it  another  Hayti.  Such  an  idea  is  too  abhor- 
rent to  pursue.  So,  too,  the  idea  that  Brown  shed  blood  only  in  self-defence  was  too 
absurd  to  require  argument.  He  glories  in  coming  here  to  violate  our  laws,  and  says,  he 
had  counted  the  cost,  knew  what  he  was  about,  and  was  ready  to  abide  the  consequen,^.*s. 
That  proves  malice.  Thus,  admitting  everything  charged,  he  knew  his  life  was  forfeited' 
if  he  failed.  Then,  is  not  the  case  made  out  beyond  all  reasonable  doubt,  even  beyond 
any  unreasonable  doubt  indulged  in  by  the  wildest  fanatic?  We  tlierefore,  ask  his''con- 
viction  to  vindicate  the  majesty  of  the  law.  "While  we  have  patiently  borne  delays,  as 
well  here  as  outside  in  the  community,  in  preservation  of  the  character  of  Virginia,  tliat 
plumes  itself  on  its  moral  character,  as  well  as  physical,  and  ou  its  loyalty,  and  its  devo- 
tion to  truth  and  right,  we  ask  you  to  discard  everything  else,  and  render  your  verdict 
as  you  are  sworn  to  do.  As  the  administrators  of  civil  jurisdiction,  we  ask  no  more  than 
it' is  your  duty  to  do — no  less.  Justice  is  the  centre  upon  which  the  Deity  sits.  There 
is  anotlier  column  which  represents  its'  mercy.  You  have  nothing  to  do  with  that:  It 
stands  firmly  on  the  column  of  justice.  Administer  it  according  to  your  law — acquit  the 
prisoner  if  you  can — but  if  justice  requires  you  by  your  verdict  to  take  his  life,  stand  by 
that  column  uprightly,  but  strongly,  and  let  retributive  justice,  if  he  is  guilty,  send  him 
before  that  Maker  who  will  settle  the  question  forever  and  ever. 

Mr.  Hunter  closed  at  1^  o'clock. 

During  most  of  the  arguments  to-day.  Brown  lay  on  his  back,  with  his  eyes  closed. 

Mr.  OiiiLTON  asked  tlie  Court  to  instruct  the  Jury,  if  they  believed  the  prisoner  was 
not  a  citizen  of  Virginia,  but  of  anotlier  State,  they  cannot  convict  on  a  count  of  treason. 

The  Court  declined,  saying  the  Constitution  did  not  give  rights  and  immunities  alone, 
but  also  imposed  responsibilities. 

Mr.  CniLTOX  asked  another  instruction,  to  the  effect  that  the  Jury  must  be  satisfied 
that  the  place  where  the  offence  was  committed  was  within  the  boundaries  of  Jefferson 
County,  which  the  Court  granted. 

"When  Mr.  Hunter  closed  his  peroration  to  the  Jury,  without  further  remark,  at  an  inti- 
mation from  the  judge,  they  immediately  witiidrew  to  consider  their  verdict.  After  an 
absence  of  three-quarters  of  an  hour  (during  which  the  Court  took  a  recess)  they 
returned  into  court  with  a  verdict.  At  this  moment  the  crowd  filled  all  the  space  from 
the  couch  inside  the  bar,  around  the  prisoner,  beyond  the  railing  in  the  body  of  the 
court,  out  through  tlie  wide  hall  and  beyond  the  doors.  There  stood  the  anxious  but 
perfectly  silent  and  attentive  populace,  stretching  head  and  neck  to  witness  tlie  closing 
scene  of  Old  Brown's  trial.  It  was  terrible  to  look  upon  such  a  crowd  of  human  faces, 
moved  and  agitated  with  but  one  dreadful  expectancy — to  let  the  eyes  rest  for  a  moment 
upon  tlie  only  calm  and  unruflBed  countenance  there,  and  to  think  that  he  alone  of  all 
present  was  the  doomed  one,  above  whose  head  hung  the  sword  of  fate.  But  there  he 
stood,  a  man  of  indomitable  will  and  iron  nerve,  all  collected  and  unmoved,  even  while 
the  verdict  that  consigned  him  to  an  ignominious  doom  was  pronounced  upon  him. 
After  recapitulating  his  offences  set  forth  in  the  indictment,  tlie  Clerk  of  tlie  Court 
said : 

Gentlemen  of  the  Jury,  what  say  you,  is  the  prisoner  at^the  bar,  John  Bi-own,  guilty 
or  not  guilty? 

FoKEMAN — Guilty. 

CLERK—Guilty  of  treason,  and  conspiring  and  advising  with  slaves  and  others  to  rebel, 
and  murder  in  the  first  degree? 

Foreman — Yes. 

Not  the  the  slightest  sound  was  heard  in  the  vast  crowd  as  this  verdict  was  thus  re- 
turned and  read.  Not  the  slightest  expression  of  elation  or  triumph  was  ut;tered  from 
the  hundreds  present,  who,  a  moment  before,  outside  the  court,  j(jined  in  heaping  threats 
and  imprecations  on  his  head  ;  nor  was  this  strange  silence  interrupted  during  the  whole 
of  the  time  occupied  by  the  forms  of  tiie  Court.  Old  Brown  himself  said  not  even  a  W(U\], 
but,  as  on  any  previous  day,  turned  to  adjust  his  pallet,  and  then  composedly  stretclied 
himself  upon  it. 

Mr.  Chilton,  moved  an  arrest  of  judgment,  both  on  account  of  errors  in  the  indict- 
ment and  errors  in  the  verdict.  The  objection  in  regard  to  the  indictment  has  already 
been  stated.     The  prisoner  has  been  tried  for  an  offence  not  appearing  on  tlio  record  of 


94  THE  HARPER'S  FERRY  mSURREOTION". 

the  Grand  Jury — the  verdict  was  not  on  each  count  separately,  but  was  a  general  verdict 
on  tlie  whole  indictment. 

Counsel  on  both  sides  being  too  much  exhausted  to  go  on,  the  motion  was  ordered  to 
stand  over  till  to-morrow,  and  Brown  was  again  removed  unsentenced  to  prison. 

A  Jury  to  try  Ooppie,  who  was  now  brouglit  into  court,  was  subsequently  sworn. 

The  Court  in  consideration  of  Stephens'  wounds,  allowed  his  case  to  stand  over,  but 
nothing  further  was  done,  and  the  court  adjourned. 


SIXTH  DAY. 

Charlestown,  Wednesday,  N'ov.  2,  1859. 

Messrs.  Russell  and  Sennott,  from  Boston,  reached  here  to-day. 

Cook  was  brought  before  the  magistrate's  Court,  and  waived  an  examination. 

Coppie's  trial  was  resumed.     No  witnesses  were  called  for  the  defence. 

Mr.  Harding  opened  for  the  Commonwealth,  Messrs.  IJott  and  Griswold  followed  for 
the  defendant,  and  Mr.  Hunter  closed  for  the  prosecution.  -The  speeches  were  of  marked 
ability. 

Mr.  Griswold  asked  for  several  instructions  to  the  Jury,  which  were  all  granted  by  the 
Court,  and  tlie  Jury  retired. 

Brown  was  then  brought  in  and  the  Court  House  was  immediately  thronged. 


SPEECH  AND   SENTENCE   OF  BROWN. 

The  Court  gave  his  decision  on  the  haotion  for  an  arrest  of  judgment,  overruling  the 
objections  made.  In  the  objection  that  treason  cannot  be  committed  against  a  Slate,  he 
ruled  that  wherever  allegiance  is  due,  treason  may  be  committed.  Most  of  the  States 
have  passed  laws  against  treason.  The  objections  as  to  the  form  of  the  verdict  rendered, 
the  Court  also  regarded  as  insufficient. 

The  Clerk  then  asked  Mr.  Brown  whether  he  had  anything  to  say  why  sentence  should 
not  be  pronounced  upon  him. 

Mr.  Brown  immediately  rose,  and  in  a  clear,  distinct  voice,  said  : 

"I  have,  may  it  plea<e  the  Court,  a  few  wonls  to  say.  In  the  first  place,  I  deny  every- 
thing but  what  I  have  all  along  admitted,  of  a  design  on  my  part  to  free  slaves.  I  intended 
certainly  to  have  made  a  clean  thing  of  that  matter,  as  I  did  last  winter  wlien  I  went  into 
Missouri,  and  there  took  slaves  without  the  snapping  of  a  gun  on  either  side,  moving 
them  throu2;h  the  country,  and  finally  leaving  them  in  Canada.  I  designed  to  have  done 
the  same  thing  again  on  a  larger  scale.  Tliat  was  all  I  intended  to  do.  I  never  did 
intend  murder  or  treason,  or  the  destruction  of  property,  or  to  excite  or  incite  the  slaves 
to  rebellion,  or  to  make  insurrection.  I  have  another  objection,  and  tliat  is  that  it  is 
unjust  that  I  sliould  suffer  such  a  penalty.  Had  I  interfered  in  the  numner  which  I 
admit,  and  which  I  admit  has  been  fairly  proved — for  I  admire  the  triitlifulness  and  candor 
of  the  greater  portion  of  the  witnesses  wlio  have  testified  in  this  case — had  I  so  interfered 
in  behalf  of  the  rich,  the  powerful,  the  intelligent,  the  so-called  great,  or  in  behalf  of  any 
of  their  friends,  eittier  father,  'mother,  brotlier,  si-ter,  wife,  or  children,  or  any  of  that 
class,  and  suffered  and  sacrificed  what  I  have  in  this  interference,  it  would  iiave  been  all 
riglit,  and  every  man  in  this  Court  would  have  deemed  it  an  act  worthy  of  reward  rather 
than  punishment.  This  Court  acknovvledges,  too,  as  I  suppose,  the  validity  of  the  law  of 
God.  1  see  a  book  kissed,  which  I  suppose  to  be  the  Bible,  or  at  least  the  New  Testa- 
ment, wh.icl.  teaches  me  that  all  things  whatsoever  I  would  that  men  should  do  to  me,  I 
should  do  even  so  to  them.  It  teaches  mo  furtlier  to  remeriiber  them  that  ai'e  in  bonds  ai 
bound  with  them.  I  endeavored  to  act  up  to  tliat  instruction.  I  saV  I  am  yet  too  yonfig 
to  understand  that  God  is  any  respecter  of  persims.     I  beheve  th.-it  to  liave  intfifered  as 


THE  HARPER'S  FERRi'  INSURREOTION.  95 

I  have  dine,  a?  I  have  always  freely  ailinitred  I  liave  done  in  behalf  of  His  despised 
poor,  is  no  wrong,  but  right.  Now,  if  it  is  deemed  necessary  that  I  slioiild  forfeit  my  hfe 
for  tlie  rurther.iiice  of  the  ends  of  justice,  and  mingle  my  blood  further  with  the  blood  of 
my  cliildrcn  and  with  llje  blood  "f  millions  in  this  slave  country  whose  rights  are  dis- 
regard.-d  by  wicked,  cruel,  and  nnjnst  enactments,  I  say  let  it  be  done.  Let  me  say  one 
word  furtiier.  I  feel  entirely  satisfied  with  the  treatment  I  have  received  on  my  trial. 
Considering  all  the  circumstances,  it  has  been  more  generous  than  I  expected.  But  I  feel 
no  consciousness  of  guilt.  1  have  stated  from  tlie  first  what  was  my  intention,  and  what 
was  not.  I  never  had  any  design  against  the  liberty  of  any  person,  nor  any  di-posilion  to 
c  immit  treason  or  excite  slaves  to  rebel  or  make  any  general  insurrection.  I  never 
encouraged  any  man  to  do  so,  but  always  discouraged  any  idea  of  that  l<ind.  Let  rae  say 
also  in  regard  to  the  statemeQts  made  by  some  of  those  who  were  connected  with  me,  I 
fear  it  has  been  stated  by  some  of  them  that  I  have  induced  them  to  join  me,  but  the  con- 
trary is  true.  I  do  not  say  this  to  injure  them,  bnt  as  regretting  their  weakness.  Not  one 
but  j'lined  me  of  his  own  accord,  and  the  greater  part  at  their  own  expense.  A  number 
of  them  I  never  satvv,  and  never  had  a  word  of  conversation  with  till  tiie  day  they  camo 
to  uie,  and  tiiat  was  for  the  purpose  I  have  stated.     Now,  I  am  done." 

WInle  Mr.  Brown  was  speaking,  perfect  quiet  prevailed,  and  when  he  had  finished  the 
Judge  proceeded  to  pronounce  sentence  upon  liim.  After  a  iew  primary  remarks,  he 
^,eaid,  that  no  reasonable  doubt  could  exist  of  the  guilt  of  the  prisoner,  and  sentenced  him 
to  be  hung  in  public,  on  Friday,  the  2d  of  December  next. 

Mr.  Brown  received  his  sentence  with  composure. 

The  only  demonstration  made  was  by  the  clapping  of  the  hands  of  one  man  in  the 
crowd,  who  is  not  a  resident  of  Jefferson  County.  This  was  promptly  suppressed,  and 
much  regret  is  expressed'  by  the  citizebs  at  its  occurrence. 

After  being  out  an  liour  the  Jury  came  in  with  a  verdict  that  Ooppie  was  guilty  on  all 
the  counts  in  the  indictment.  .His  counsel  gave  notice  of  a  motion  for  arrest  of  judgment, 
as  in  Mr.  Brown's  case.      ' ',^''  ' 

The  Court  then  adjourned, 

feJSV/   jl 


<th 


I     ■:,■ 


THE  HARPER'S  FERRY  INSURRECTIOK 


NOTICES  OP  lEGRO  IATSURRECTIONS. 


The  insurrection  at  Harper's  Ferry  has  differed  from  all  previous  servile  in-^urrectioiis 
in  this  country  in  this  important  point:  that  whereas  in  all  former  movements  of  tlie  kind 
the  discontented  blacks  w^ere  the  prime  movers,  and  almost  always  the  sole  actors  therein, 
this  one  has  ^^een  not  only  got  up,  but  carried  througli  by  white  men.  It  does  not  appear 
in  any  positive  nianner  that  any  of  the  colored  people  of  Virginia  or  Maryland  participated 
in  the  movement  of  thieir  ov^n  accord.  Some  fevv  free  negroes  from  Iowa  may  have  done 
so  but  few  or  none  from  the  ?lave  States.  Those  who  appeared  to  act  with  the  insurgents 
Avere  nressed  into  service.  This  shows  that  the  movement  was  not  got  up  in  the  interest 
or  V  ilh  the  connivance  of  the  slaves,  but  was  purely  a  political  one.  Contrast  it  with  the 
negro  insurrections  of  1831  and  185C. 


THE  NEGRO .  INSURRECTION  IN   1831. 

It  is  now  some  ., twenty-eight  years  since  the  people  of  the  southern  tier  of  counties  in 
Yii-fi-inia  were  thrown  into  terrible  consternation  and  alarm  by  a  negro  iusurrection,  or 
outbreak,  which  was  inaugurated  there  under  the  most  bloody  auspices.  The  negroes 
seem  to  select  Sunday  evening  as  the  best  tinie  for  commencing  active  measures.  It  was 
on  a  Sunday  evening  that  t!ie  abolitionists  and  negroes  of  Harper's  Ferry  exposed  their 
plan*,  by  seizing  upon  the  Armory  and  taking  possession  of  the  town,  and  it  was  also  on  a 
Sunday  evening  that  the  negroes  of  Southampton  County  commenced  their  work. 

Southampton  County  is  on  the  frontier,  between  Virginia  and  North  Carolina,  and  is 
distant  eighty  miles  from  Richmond.  Tlie  first  intelligence  that  reached  the  caj)ital  of 
Virginia  in  regard  to  the  outbreak  of  1831,  represented  the  existence  of  a  most  friglitful 
condition  of  things  in  Southampton  County.  One  of  the  editors  of  the  "  Norfolk  Herald," 
writing  on  the  24:th  of  August,  thus  tells  the  story : 

Norfolk,  2ith  August,  1831. 

"I  have  a  horrible  and  heart-rending  tale  to  relate,  and  lest  even  its  worst  feature 
should  be  distorted  by  rumor  and  exaggeration,  I  have  thought  it  proper  to  give  you  all 
and  the  worst  information  that  has  as  yet  reached  us  thi-ough  the  best  sources  of  intelli- 
gence which  the  nature  of  the  case  will  admit. 

"A  gentleman  arrived  here  yesterday,  express  from  Suffolk,  with  intelligence  from  the 
upper  part  of  Southampton  County,  stating  that  a  band  of  insurgent  slaves  (some  of  them 
believed  to  be  runaways,  from  the  neighboring  swamps)  had  turned  out  on  Sunday  night 
last,  and  murdered  several  whole  families,  amounting  to  forty  or  fifty  individuals.  Some 
of  the  families  were  named,  and  .among  them  was  that  of  Mrs.  Catharine  Whitehead, 
sister  of  our  worthy  townsman,  Dr.  N.  C.  Wiiitehead,  who,  with  her  son  and  five 
daugliters,  fell  a  sacrifice  to  the  savage  ferocity  of  these  demons  in  human  shape. 

"The  insurrection  was  represented  as  one  of  a  most  alarming  character,  though  it  is 
believed  to  have  originated  only  in  a  design  to  plunder,  and  not  with  a  view  to  a  more 
important  object — as  Mrs.  Whitehead,  being  a  wealthy  lady,  was  supposed  to  have  had  a 
large  sum  of  money  in  her  house.  Unfortunately,  a  large  nutnber  of  the  effective  male 
population  was  absent  at  a  camp -meeting  in  Gates  County,  some  miles  off,  a  circumstance 


THE  ffARPER'S  FERRY  INSURRECTION.  97 

■whicii  gave  a  temporary  secnrity  to  the  brigands  in  the  perpetration  of  their  butcheries; 
atid  tlie  pai'iie  which  itherstl-irek  at  the  moment' prevented  the  assembling  of  a  force  BufB- 
cient  to  ciieclv  tl^^eir  career.  '  i      - 

*'As  soon  as  this  intelligence  was  received,  our  authorities  met,  and  decided  on  making 
an  imniedi:ite  npplication  to  Colonel  House,  commanding  at  Fortress  Monroe,  who,  at  six 
o'clock  tliis  morning,  embarked  on  board  the  steamboat  Ilampton,  with  three  companies 
and  a  piece  of  artillery,  ft)r  Suffolk.  Tliese  troops  were  reinforced  in  tlie  Roads  by 
detacliments  from  the  United  States  ships  Warren  and  Natchez,  the  whole  amounting  to 
nearly  300  men. 

"To-day  another  express  arrived  from  Suffolk,  confirming  the  disastrous  news  of  the 
preceding  one,  and  adding  still  more  to  the  number  of  the  slain.  The  insurgents  are 
believed  to  have  from  100  to  150  mounted  men.  land  about  the  same  number  on  foot.  They 
are  armed  with  fowling-pieces,  clubs,  etc.,  and  liave  had  an  encounter  with  a  small  number 
of  the  militia,  who  killed  six  and  took  eight  of  them  prisoners.  They  are  said  to  be  on 
their  way  to  South  Quay,  probably  making  their  way  to  the  Dismal  Swamp,  in  which 
they  will  be  able  to  remain  for  a  short  time  in  security.  For  my  part,  I  have  no  fears 
of  their  doing  much  further  mischief.  There  is  very  little  disaffection  in  the  slaves 
generally,  and  they  cannot  muster  a  force  sufficient  to  effect  any  object  of  importance. 
The  few  wlio  have  thus  rushed  headlong  into  the  arena,  will  be  shot  down  like  crows  or 
daptured  and  made  examples  of.  The  militia  are  collecting  in  all  the  neighboring  counties, 
and  the  utmost  vigilance  prevails.    I  subjoin  a  list  of  the  victims  of  their  savage  vengeance 

Mrs.  "Waters  and  family . , .' .''.'.T. .".";".  .'l'. 14 

Mrs.  Wiiitehead 7 

Mrs.  Vaughan 1 . . , 5 

Jacob  Williams 5 

Mr.  Travis ,• . . .  5 

William  Reese  . : ..'.'' 1  .':'?U'^ . 'I' ;  4 

Mr.  Williams ' !V'i.-^. ;,. . .'  3 

Mr.  Baines '. , . .... ...  2 

Mrs.  Turner 3 

Unknown 10 

Tota. 58 

"Besides  these,  a  private  letter  adds  the  families  of  Mr.  Barrow  and  Mr.  Ilenry  Bryant 
— numbers  not  mentioned. 

"Muskets,  pistols,  swords,  and  ammunition  have  been  forwarded  to  Suffolk  to-day,  by 
Com.  Warrington,  at  the  request  of  our  civil  authorities,  and  a  number  of  our  citizens 
have  accoutred  and  formed  themselves  as  a  troop  of  cavalry,  and  set  bp^  to  assist  their 
fellow-citizens  in  Southampton.  I  trust  the  next  news  you  will  hear  will  be  that  all  is 
quiet  again." 

Furtiier  statements  confirmed  the  general  truth  of  the  foregoing  narrative,  and  repre- 
sented that,  tliree  hundred  negroes,  well  mounted  and  armed,  and  headed  by  one  or  two 
while  men,  cimstituted  the  whole  of  the  insurgent  force.  Other  accounts  exaggerated 
their  numbers  to  six  or  eight  hundred,  and  represented  the  militia  force  of  tliree  hundred 
men  as  retreating  before  the  blacks,  who  were  armed  with  shot  guns,  muskets,  scythes, 
and  axes. 

Prompt  and  efficient  measures  were  immediately  taken  by  the  the  Governor  of  the 
State  to  suppress  the  insurrection.  Infantry,  cavalry,  and  artillery  were  dispatched  in  all 
haste  from  Riclimond  and  Norfolk.  The  authorities  of  North  Carolina  also  supplied 
troops,  anil  the  federal  troops  stationed  at  Norfolk,  Fortress  Monroe,  and  other  points, 
were  placed  at  the  service  of  the  State,     The  result  of  these  prondpt  and  decisive  roea- 


98  THE  HARPER'S  FERRY  INSURRECTIOI^, 

sures  was,  tliat  all  the  negroes  engaged  ia,  the  movement  were,  with  a  few  exceptions, 
killed  or  captured  within  a  few  days.-  It  \yaa  thuuglit  that  some  ot''theu;i  ihadmade  tliMr 
retreat  into  the  Dismal  Swimp,  and  soon  afterward  a  rumor  prevailed  that  that  loc  Jity 
Avas  the  rendezvous  for  several  hundred  runaway  slaves.  Fortunately  tliese  riimorH 
proved  unfounded.  The  movement  was  completely  suppressed,  though  not  until  from 
fifty  to  sixty  whites,  principally  women  and  children,  had  been  barbarously  slangluered, 
and  until  full  vengeance  had  been  taken  on  their  hellish  murderers.  From  the  published 
accounts  of  the  affair,  we  extract  the  following,  from  which  it  would  appear  that  the 
numbers  of  the  blacks  were  greatly  exaggerated,  but  that  their  atrocities  were  not: 

"  Oil  the  night  of  the  23d  ult.,  the  Southampton  militia  had  three  skirmishes  with  a 
gang  qf  trom  forty  to  fifty'  negroes,  the  latter  retreating  each  time.  In  one  account  it  is 
stated,  that  one  of  the  militia,  of  the  name  of  Pope,  was  killed;  in  another,  thaV  the 
wliites  sustained  no  loss  whatever.  The  negroes  made  three  attempts  to  cross  the  bridge 
at  Bel  field,  hut  were  repulsed,, each  time  by  a  jiarty  of  militia  who  were  stationed  on  the 
opposite  side  with  a  piece  of  artillery.  A  party':of  four  militiamen,  who  had  been  sent 
to  reconnoitre  the  blacks,  came  up  with  a.  party  of  about  twenty  of  them,  and,  after  ,a 
sharp  engagement,  succeeded  in  killing  three  or  four,  and  taking  several  prisoners,  when 
the  remainder  fled.  The  great  object  of  the  negroes,  after  the  rallying  of  the  militia, 
appeared  to  be  to  reach  the  Dismal  Swamp,  but  such  was  the  vigilance  of  the  former, 
that  nearly  e.very  one  .\vas  either  shotidown  or  captured.  Many  of  the  blocks  were  well 
mounted,  and  armed  with  bird  at)d  other  guns,  and  ax.es.  The  roads  were  strevvjed  with 
the  carcasses  of  tlie  negroes  killed,  and  up  to  the  25th  ult.,  neither  these  nor  the  corpses 
of  the  unfortunate  whites  had  been  buried ;  arrangements  were,  however,  making  for 
their  interment. 

"The  different  accounts  are  conflicting  as  to  the  number  of  negroes  killed,  aiul,  indeed, 
under  the  circumstances  in  which  they  have  been  written,  it  is  not  to  be  wondered  that 
they  sliould  be  so. 

"  We  gather  from  letters  published  in  the  Richmond  '  Whig,'  of  the  29tli  ult.,  the 
following  statements:  A  letter  from  the  senior  editor  of  that  paper,  wlio  is  on  the  spot, 
states  that  the  number  of  the  insurrectionary  negroes  had  been  greatly  exaggerated,  but 
that  it  was  hardly  within  the  power  of  rumor  itself  to  exaggerate  their  atrocities;  whole 
families,  father,  mother,  daughter,  sons,  sucking  babes,  and  school  children,  were  butch- 
ered by  tliem,  thrown  into  heaps,  and  left  to  be  devoured  by  hogs  and  dogs,  or  to  putrefy 
on  the  spot.  At  Mr.  Levi  Waller's,  his  wife,  and  ten  school  children  were  murdered;— he 
himself  was  absent,  but  approaching  while  the  dreadful  scene  was  acting,  was  pursued, 
and  escaped  with  diflSculty  into  a  marsh;'  How,  or  with  whom  tlie  insurrection  origi- 
nated, is  not  certainly  known.  The  prevalent  belief  is,  that  on  Sunday,  the  14  h  ult.,  at 
Barnes'  church,  near  the  Cross  Keys,  the  negroes  who, Were  observed  to  be  disorderly, 
took  offence  at  something,  and  that  the  plan  was  conceived  and  matured  in  the  course  of 
ihe  week.  At  Mr.  Waller's,  one  child  escaped  from  the  ruthless  fangs  of  these  monsters 
by  concealing  herself  in  the.  fire-place,  and  another  was  found  alive  who  was  badly 
wounded  and  left  for  dead  by  them.  He  has  accompanied  his  letter  with  a  list  of  the 
killed,  amounting  to  sixty-two,  but  it  is  not  yet  ascertainedi  to  be  correct.  He  thinks 
that  tlie  insurgents  never  exceeded  sixty,  and  that  twelve  vvell-armed  and  resohite  men 
were  competent  to  have  quelled  them  at  any  time.  ■ 

"General  Eppe,s,,who  is  in  command  of  the  troops,  reports,  under  date  of  the  28th 
nit.,  that  all  the  insurgents,  except  Nat  Turner,  the  leader,  had  either  been  taken  or  killed. 
On  the  29th,  General  Broadnax  re|)orts  to  the  Gcivernor  that  all  was  quiet  and  free  from 
visible  marauders ;  he  tiiinks  all  have  been  killed  or  taken  except  four  or  five.  He  statis 
that  Nat,  the  ringleader,  who  calls  llim^elf  general,  and  pretends  to  be  a  Baptist  preacher, 
declares  to  jiis  comrades  that  he  ivS  pommissioned  by  Jesus  Christ,  atid  proceeds  nnder  his 
inspired  directions — that  the  late  singular  appearance  of  the  sun  was  tJie  sign  for  him — he 
is  not  taken,  and  the  account  of  his  being  killed  at  the  affair  of  the  bridge  is  not  correct. 


Tllj;  HARPER'S  FERRY  INSURRECTION".  C9 

Tlie  General  thinks  '  tliat  there  has  existed  no  general  concert  among  the  slaves — circnm- 
stances,  impossible  to  have  been  feigned,  demonstrate  the  entire  ignorance  on  the  sxibject 
of  all  the  slaves  in  the  counties  around  Southampton,  among  whom  he  has  never  known 
more  perfect  order  and  quiet  to  prevail.'  He  believes  '  that  at  any  time,  twenty  resolute 
men  could  have  put  them  down.' 

"  He  compliments,  in  terms  of  strong  approbation,  the  admirable  conduct  and  spirit  of 
the  militia,  who  have  everywhere  turned  out  with  the  utmost  promptitude,  and  given 
the  most  unquestionable  evidence  of  their  ability,  instantly  and  effectually  to  put  down 
every  such  attempt.  The  families  who  had  spaght  safety  by  flight  had  generally  returned 
to  their  homes." 

It  was  believed  in  North  Carolina  that  the  insurrection  commenced  with  and  was 
arranged  by  four  negro  preachers,  who  had  been  permitted  to  liold  tlieir  ineetings  by  day 
arid  by  niglit,  and  who  used  these  opportunities  to  poison  the  minds. of  the  slaves.  Of 
tliese  preachers,  the  principal  was  Nat  Turner,  who  claimed  to  be  commissioned  by  Jesus 
Christ.  Turner  escaped  the  general  slaughter  made  by  the  troops,  at)d  eluded  their  vigi- 
lance for  a  couple  of  months;  but  he  was  finally  caught  in  a  cave  in  the  vicinity  of  the 
place  where  he  and  his  followers  had  perpetrated  tlieir  barbaritips.  and  w;as^  without 
much  ceremony,  tried,  convicted  and  hanged.  His  arrest  took  place  on  the  30th  of 
October.  1831,  and  his  execution  a  few  days  afterward.  Thus  ended  the  negro  insurrec- 
tion of  1831. 


THE  NEGRO  INSURRECTION  OF  1856. 

There  are  few  readers  who  will  not  have  a  recollection  of  the  excitement  that  prevailed 
in  the  southern  States  in  the  summer  of  1856,  growing  out  of  the  defiant  and  hostile  atti- 
tude of  the  negro  population  in  Louisiana,  Arkansas,  Tennessee,  and  other  Southern 
States.  Disclosures  of  plots,  having  for  design  a  rising  upon  and  murdering  the  white 
population,  were  made,  and  terrible  apprehensions  caused  tliereby.  Negroes,  free  as  well 
as  slave,  were  seized  and  put  to  the  torture,  and  in  some  instances  confessions  were 
■wrung  from  them  implicating  others.  In  the  village  of  Murfreesboro,  in  Tennessee,  tlie 
wliite  inhabitants  assembled  and  drove 'olit'the  fi-ee  negroes,  on  the  ground  that  their 
depredations  on  property  had  become  insufferable. 

In  Union  county,  Arkansas,  the  citizens  seized  upon  an  abolitionist,  named  Hancock,  on 
suspicion  of  tampering  with  the  slaves.  After  making  some  confessions,  he  managed  to 
escape,  but  he  was  recaptured,  carried  to  the  town  of  El  Dorado,  and  there  tried.  He 
was  not  found  guilty,  however ;  but  as  he  boasted  that  he  knew  all  about  the  matter  and 
■would  not  tell,  the  citizens  took  him  out  to  the  woods  and  shot  him — a  ratlier  summary 
proceeding,  truly. 

Anotlier  person  named  Martin,  who  was  sup])osed  to  be  engaged  in  the  same  plot,  was 
also  seized  by  the  same  parties,  brought  to  El  Dorado,  tried,  adjudged  guilty,  and  was 
Jmng.  The  idea  was  that  tiiere  was  to  be  a  general  concentration  of  negroes  on  tlie  14th 
of  October,  at  a  given  point,  who  were  to  be  led  by  Hancock  and  others,  and  tliat  they 
intended  to  attack  tlie  town,  murder  all  the  white  inhabitants,  possess  themselves  of 
whatever  provisions  and  valuables  they  could  lay  their  hands  on,  and  then  start  off  for 
Kansas.  Tlie  execution  of  Hancock  and  Martin  prevented  the  working  out  of  the  plot, 
if  indeed  it  ever  existed. 

About  the  same  time  there  was  an  intense  excitement  in  the  region  aroutid  Nashville, 
Tenn.,  where  there  was  an  attempted  insurrection  of  the  blacks.  Six  of  the  ringleaders 
were  seized  and  executed  at  Dover  for  being  implicated  in  the  conspiracy.  Three  of 
these  were  preachers ;  and  it  was  said  that  all  the  negro  preachers  and  active  members  of 
the  church  were  found  to  be  most  efficient  and  zealous  in  the  insurrection. 

The  lash  was  freely  applied  to  extort  confessions. 


100  THE  HARPER'S  FERRY  INSURRECTION". 

A  newspaper  correspondent  who  was  present  at  the  execution,  saw  a  list  of  the  negroes 
that  had  been  whipped,  and  was  told  what  tliey  all  had  stated  ;  and  then  he  witnessed 
<!he  exaiuioation  of  the  rest,  some  taking  five  or  six  hundred  lashes  before  tliey  would  tell 
the  tale.  One  of  the  negroes  died  from  the  whipping.  The  substance  of  their  confession 
was,  that  they  were  to  "  rise  on  the  night  of  Christmas  eve,  murder  the  manager  of  the 
furnace  works  and  his  family,  reserving  his  wife  for  one  of  the  negroes,  named  Ishmael. 
Then  they  were  to  murder  several  other  white  people,  and  make  an  attack  on  Dover, 
where  they  expected  to  help  themselves  with  arms,  ammunition  and  everything  else  they 
wanted.  After  that  they  were  to  scatter  themselves  over  the  country."  Several  masters 
had  hung  their  own  slaves,  and  it  was  believed  that  the  conspiracy  was  a  general  one 
over  all  the  southern  States. 

In  South  Carolina,  muskets  and  ammunition  had  been  found  in  the  hands  of  slaves,  and 
no  less  than  thirty-five  negroes  were  hung  there.  Escapes  of  slaves  were  very  numerous, 
and  the  white  population  was  in  the  most  intense  alarm. 

The  scourging  and  the  hanging  and  the  shooting  proved  efficacious  preventives,  and 
after  all  it  turned  out  that  the  white  population  of  the  southern  States  were  more 
frightened  than  hurt  by  the  servile  insurrection  of  1850. 


THE     END. 


x*ioo     25     Oexxts. 


THE 

WAR    IN    EUROPE, 

ITS  REMOTE  AND  RECENT  CAUSES. 

WITU    THE 

VIENNA  TREATIES   OF  1814  AND  1815,  IN  FULL. 

CONTAINING    ALSO 

TWO  SPLENDID  MAPS,  EACH  24X15, 

PEEPARKD    E5PRKS3LT    FOR    THIS    WORK. 

Also,  printed  separately  on  sized  r.nd  calendered  paper,  the  following 

View  of  the  City  of  Genoa.  TI13  Sardinian  Troops  in  TJniform. 

landing  of  the  French  Soldiery.  /.  rrival  of  French  Troops  in  Piedmont. 

View  of  the  City  and  Fortress  of  Alessandria.  A  Zouave  in  Marching  Order. 

FULL-LENGTH   PORTRAITS   OF 

Emperor  Napoleon  m.  Francis  Joseph,  Emperor  of  Austria. 

Victor  Emanuel,  King  of  Sardinia.  Count  Gyulai,  the  Austrian  General. 

ALSO  OF  THE  FREXCU  GENERALS  OP  THE  ARMV  OF  ITALY: 

Marshal  Canrohert,  I  rince  Napoleon,  Marshal  McMahon, 

Marshal  Bandon,  Marshal  Magnan,  Duke  of  Malakoff 

Marshal  Baraguay  d'Hilliers,         Marshal  Castellans,  General  Niel. 


CONTENTS    OF   THE   BOOK: 

EUROPE    IN"    THE    PRESEISTX    CE^STTXTRY. 

Settlement  of  the  Pence  of  Europe;  Events  nf  1S15  ;  Gi-eat  I'.ritain  after  tlie  liattle  of  Waterloo  ;  Russian 
Dynasty;  Austrian  Dynasty ;  German  Stntes;  PrusHaii  Uyna<ty ;  Sketches  of  all  European  Stales;  Description 
of  Italy;  Position  of  the  Belliserents  ;   Declarations  and  Manifestoes  of  tlie  Powers. 

RETROSPECT    OF    W^^RS    AJSTD    TREATIES. 

European  Dynasties  in  1790;  French  Revoluii«ii  of  1TS9;  Napoleon  B  inap:irte's  Cmecr  ;  Trraies  of  Paris  in 
1814-15;  Congress  of  Vienna;  Holy  Alliance  Treaty ;  Fieiich  Revolution,  of  lS3o  and  1S48;  Germanic  Confed- 
eration ;  Partitions  of  Poland  ;  Breaclies  of  Vienna  Treaties  by  Russia  and  Austria  ;  Secret  Treaty  of  Verona  to 
crush  Liberty  ;  Treaty  between  Russia  and  Turkey  in  relation  to  the  Danubiau  Principalities;  Italy  in  1S4S  ;  Ger- 
man Revolts  of  184S-0;  Hungarian  Revolution. 

OBJECTS    OE    A    DYNASTIC    TV^T^R, 

ReTiewof  Louis  Napoleon's  Acts;  Projects  of  Napole  'U  I.;  Tlie  Crimean  War  injurious  to  Enprland  ;  Possi- 
bilities of  the  Future;  Italy  and  a  New  Poi)eilom  ;  P.issible  Effects  on  the  American  Continent;  P.  siiiou  of  the 
United  States  in  view  of  an  Offensive  Alliance  of  Dynasties. 

BAJL.A:iSrCE    OF    RO^\^ER    IIST   EUROPE. 
Review  of  Wars  in  the  Last  Century;  Treaty  concerning  Parma,  Piaceiiza  and  Guastalla;  Treaty  of  ITlor- 
ence  between  Austria,  S  udinia,  Tuscany,  Modena  and    Parma;  Treaty  between  Austria  and  Modcna  irs  1»4T ; 
Consideration  of  Direct  Causes  of  the  War;  Concluding  Remarlcs  regarding  a  new  Balance  of  Power. 

BIOG^RAPHICAL    N^OTICES,    EORCES   AISTD    FlNAJSTCWi^i. 

Count  Cavour;  Marshal  Canrobtrt ;  Garibaldi;  Count  Gyulai  ;  Francis  of  Naples  ;  Count  Reclibcrf  •  Gene 
rals  Hess  and  Hebel ;  Marshal  Biraguay  d'HillierK;  Napoleon  111.;  Victor  Emanuel ;  Francis  Josepli  ;  A.jiies  of 
Europe;  Public  Debts  ;  Cost  of  Wars. 

THE  CHEAPEST  BOOK  EVER  PUBLISHED. 

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W.  H.  TiMSOif,  Printer  and  Stereotyper,   43  k  45  Centre  Street,  !Cew  York. 


The  above  in  German.    Price  25  Cents. 


Xo^  lleai\y — ^PvVce  T^veYit^-¥V^e  Cewts. 


THE  HISTORY  OF  THE 


GREAT  ITAL 


18  5  0. 

CAREFULLY   COMPILED   FROM 

Official   Dociuuents   and   the   Most   Reliable   Accoiinls. 

EMBELLtSHKD    M'lTH    A 

VALUABLE  TOPOGRAPHICAL  WAP,  29X19, 

Showing  tlic  Routes  and  Battle  Fields  from  the  Landing  of  the  French  Troops  nt  Genoi  to  the 
Battle  of  Solfcrino.  It  also  contains  an  interesting  Chart,  giving  an  account  of  all  the  Battlca 
that  have  taken  place  in  Northern  Italy. 

This  Map  has  been  prepared  expressly  for  this  work  at  a  great  expense  by  an  ex-ofl5ccr  of 
the  Prussian  army. 

The  work  also  contains  the  following 

ILLUSTRATIONS, 

Printed  separately  on  sized  and  calendered  paper : 

THE     BATTLE    OF    MAGENTA. 

VISIT  OF  THE  EMPEROR   NAPOLEON  TO  THE  WOUNDED  IN  THE  VOGHERA  HOSPITAL. 

BATTLE  OF  SOLFERINO— SHOWING    HOW  THE  TURCOS  FIGHT. 

THE     BATTLE     OF     PALESTRO-THE     CHARGE     OF     THE     ZOUAVES. 

THE    FIGHT    AT    THE    MULINO    BRIDGE,    AT    THE    BATTLE    OF    PALESTRO. 

THE    CMARGE    OF  THE    PIEDMONTESE    INFANTRY  AT  THE    BATTLE    OF  VERCELLI. 


CONTEN^TS    OF  THE    BOOK. 


Retrosjiect,  from  1S56  to  the  29th  April,  1859,  when 
the  Austrmni  cross  the  Ticitio. 

Attempt  to  hold  a  Congress. 

Statistics— The  Area  and  Population  of  European 
Nations— How  Italy  is  Divided — Statistics  of  Italy 
— The  Sardinian  Koitresses— Austrian  Fortresses — 
Aust.ian  Forts  in  the  Ad  iatic— The  Austrian 
Empire — Rivers  of  f>ombardy  and  Sardinia — The 
Theatre  of  War — The  Austrian  Generals. 

Thf  Arm  es  and  Navies  of  tlie  Kuropean  Nations:  The 
French  Army  and  Navy — Austrian  Army  and  Navy 
—  Sardin  an  Army  and  Navy  — Russian  Army  and 
Navy  -  England's  Army  and  Navy — Army  and  Navy 
of  Naples  and  the  Two  Sx.lies— Armies  of  the 
Duch  es  and  Popedom. 

The  Manifestoes  of  the  Eu'-opean  Nations. 

The  Ski'  niishes  of  Frassinetto,  Villattl,  and  Valenza. 

Battle  of  .Montebello — French  Olfioial  Account — Sar- 
dinian Official  Account. 

Battles  of  VercelU  and  Palesto. 

Battle   of   Magenta— French   Official  Account — Aus- 


trian Official  Account — Proclamation  of  Francis  J  o- 
sepli. 

Battle  of  Malegiiano — Austrian  Official  Account — 
French  Olfici.il  Account. 

Napoleon  in  Milan — The  Kvacuation  of  Milan. 

The  new  Government  in  Milan  O  ^^lui'iation  of  Uie 
Lombard  Government— Proclamation  of  Victor 
Emanuel— Address  of  the  Municipal  ty  of  .Milan. 

Battle  of  Solferino  -The  French  Oltic  al  Account — .\us- 
tiian  Official  Account — Scenes  on  the  liattle  F  ehl. 

As'KCDOTES  OF  TiiK  W'Mi  :  -The  Discii)line  of  lloiior- — 
The  Dulce  de  Chartres — \  "  Contr^iband  of  Uar  " 
Puzzl?-— The  French  in  Genoa— Mow  the  Gold  was 
got — Fighting  his  Uattles  o'er  ag.iin  -  Wouiideil 
Volunteers  at  Palestro— An  Orphan  from  Monte- 
bello—The  Zouaves  and  their  Prize  -A  King  made 
a  Corpo  al — The  Tu  cos —Garibaldi's  Heroes-  Ma- 
genta—The Townsfolk  of  Milan  aud  Como — The 
onlv  Son  ami  his  Mother. 

APPKNDI.\-U  ary  of  Eventa. 

The  Aimistice— The  Peace. 


ROBERT  M.  DE  WITT,  PUBLISHER, 

160  and  162  Nassau  St.,  New  York. 

Copies  of  the  above  book  sent  by  mail,  postage  paid,  on  receipt  o/j>rice, 

W.  H.  TiNsoN,  Print«r  and  Stereotyper,  43  A  4S  Centre  St.,  N.  Y. 


The  above  in  German.    Price  25  Cents. 


